IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
THE MANAGING COMMITTEE OF THE MALA SERVICE CO-OPERATIVE BANK LTD. NO. 4185 – Appellant
Versus
THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES – Respondent
WP(C) NO. 39010 OF 2024
| Table of Content |
|---|
| 1. writ petition challenges inspection under the co-operative societies act. (Para 1) |
| 2. the petitioner cannot challenge the proceedings at the current stage. (Para 2) |
| 3. petitioner's objections must be raised during future proceedings. (Para 3) |
J U D G M E N T
This writ petition has been filed challenging Ext.P15 order initiating proceedings for conducting of inspection in terms of the provisions contained in Section 66 of the Kerala Co-operative Societies Act , 1969 (hereinafter referred to as 'the 1969 Act').
2. The learned Senior Government Pleader submits that going by the law laid down by the Full Bench of this courtKudayathoor Service Co- operative Bank Ltd., v. Joint Registrar of Co-operative Societies (General); 2022 (3) KLT 222 the petitioner has no right to challenge the proceedings at this stage and all objections must be taken before the competent authority if and when further proceedings are initiated either under Section 32 or under Section 68 0f the 1969 Act. It is also submitted that the contention raised in the writ petition that the proceedings under Section 66 of the 1969 Act are in respect of matters which had already subject matter of inquiry under Section 65 of the 1969 Act is also not sustainable as the inspection under of the 1969 Act is for another period and not for a period covered by inquiry under Section 65 of the 1969 Act.
3. Having heard the learned counsel for the petitioner and the learned Senior Government Pleader, I am of the opinion that there is considerable merit in the contention taken by the learned Senior Government Pleader that in the light of the law laid down by the Full Bench inKudayathoor Service Co-operative Bank Ltd. (supra) the petitioner has no right to challenge the proceedings at this stage and if the petitioner has any objection, they have to be taken at the time when further proceedings are initiated against the petitioner / members of the Managing Committee in terms of the provisions contained in Section 32 or under Section 68 of the 1969 Act. Reserving right of the petitioner to raise all objections before the competent authority as and when proceedings are initiated as above, this writ petition will stand dismissed.
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