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IN THE HIGH COURT OF KERALA AT ERNAKULAM
K.BABU
K.V Sabu S/O K.E Vasu – Appellant
Versus
Registrar Of Co-Operative Societies (Joint Director, Central Range) Fisheries Department – Respondent
| Table of Content |
|---|
| 1. petitioner's challenge regarding supersession order. (Para 1 , 2 , 3) |
| 2. argument on the requirement of consultation before supersession. (Para 5 , 6 , 7 , 8) |
| 3. definition and function of a financing bank. (Para 10 , 11 , 12 , 13) |
| 4. consultation requirement and its implications. (Para 14 , 15 , 16 , 17) |
| 5. the democratic nature of circle co-operative union. (Para 18 , 20 , 21) |
| 6. safeguards against arbitrary supersession. (Para 24 , 25 , 26 , 28 , 29) |
| 7. procedural violations leading to the annulment of supersession. (Para 30 , 31 , 32) |
| 8. judgment restoring managing committee, procedural focus. (Para 33) |
JUDGMENT :
K. BABU, J.
1. The petitioner is the former President of the Ernakulam West Rural Fishermen Development and Welfare Co-operative Society Ltd., a primary co-operative society. Pursuant to a democratic process, the Managing Committee of the society assumed charge on 30.10.2020.
2. The Registrar of Co-operative Societies, Fisheries Department (Ernakulam) (respondent No.1) issued an order under Section 66 of the Kerala Co- operative Societies Act (for short “the Act”) directing an inspection into the functioning of the Society. The office bearers of the Society co
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