Anil M. S. v. State Co-operative Election Commission (SCEC)

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Online)(Ker) 74164

KERALA HIGH COURT
, J
Anil M. S. v. State Co-operative Election Commission (SCEC)

Advocates:
For the Appellants/Petitioners: Sri. B. S. Swathi Kumar
For the Respondents: Smt. C. S. Sheeja

Table of Content
1. disqualification applies from surcharge. (Para 1 , 2)
2. interpretation of r.44 and statutory rights. (Para 3 , 4)
3. disqualification beyond immediate society. (Para 5 , 6)
4. possibility to contest if surcharge stayed. (Para 7)

1. The petitioner was the former President of Marayamuttom Service Co - operative Bank Limited. An order of surcharge was issued under S.68(2) of the Kerala Co - operative Societies Act, 1969 (hereinafter referred to as 'the Act' for short) against the petitioner in respect of some issues relating to the Marayamuttom Service Co - operative Bank Ltd. It is not necessary to delve into the circumstances which led to an order of surcharge being issued, for the purposes of this case. The order imposing surcharge on the petitioner was the subject matter of an appeal before the Government. The Government did not interfere with the order. The petitioner and ten other members of the Managing Committee of Marayamuttom Service Co - operative Bank Ltd., filed W.P(C) No. 19204/2022 before this Court and this Court through Ext.P1 order dated 14/06/2022 in that writ petition has stayed recovery proceedings pursuant to the order of surcharge. It is to be no