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2026 Supreme(Online)(Ker) 3934

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. GOPINATH P., J
JOBICHAN A.S – Appellant
Versus
THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES PAINAVU – Respondent


Advocates:
For the Appellants/Petitioners: SMT.NISHA GEORGE, SRI.GEORGE POONTHOTTAM (SR.), SHRI.ANSHIN K.K
For the Respondents: SMT. KAVERY S THAMPI, SMT. RESMI THOMAS (GP)

J U D G M E N T

The petitioner was elected to the Managing Committee of the 4th respondent society in the election held on 13-08-2023. The petitioner was issued with a notice by the 1st respondent stating that he had borrowed amounts from the 3rd respondent society and was also a surety for a loan availed by his wife from the same society and he was in default in respect of both the loans and calling upon him to show cause as to why he should not be disqualified in terms of the provisions contained in Rule 44 (2) (c) of the Kerala Co-operative Societies Rules , 1969 (hereinafter referred to as 'the 1969 Rules'). Thereafter, Ext.P8 order was passed on 02-01-2024, finding that the petitioner is disqualified and therefore he cannot continue as a member on the Managing Committee of the 4th respondent society. This order was stayed by this Court, and thus the petitioner is continuing as a member on the Managing Committee of the 4th respondent society

2. The learned Senior counsel appearing for the petitioner vehemently contends that in the facts and circumstances of this case, the petitioner cannot be treated as disqualified. It is submitted that in Ext.P10 report submitted by the Assi

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