Petitioners must first raise contentions before the competent authority regarding the show cause notice as per judicial precedents.

J U D G M E N T

This writ petition has been filed challenging Ext.P10 show cause notice issued under the provisions of sub-section (2) of Section 68 of the Kerala Co-operative Societies Act, 1969 (hereinafter referred to as the “1969 Act”).

2. The learned Senior Government Pleader would submit that, going by the law laid by the Full Bench in Kudayath00r Service Co- operative Bank Ltd. v. Joint Registrar of Co-operative Societies(General), 2022 (3) KLT 222 (FB), all the contentions taken in this writ petition have to be first raised before the competent authority at the time of adjudication of Ext.P10, and that the contentions raised in the writ petition cannot be considered at this stage. The learned Senior Government Pleader also submits that Ext.P9 application also has to be considered at the time of adjudication of Ext.P10 show cause notice. It is submitted that the prayers in Ext.P9 will be considered by the competent authority, also taking into account judgment of this Court in Johnson K. and others v. Joint Registrar of Co-operative Societies (General) and others, 2024 KHC OnLine 603. 3. Having heard the learned counsel for the petitioners and the learned Senior Government Pleader, and having perused the judgment of the Full Bench in Kudayathoor (supra) as also the judgment in Johnson K (supra), I am of the view that there is considerable merit in the contention taken by the learned Senior Government Pleader that all the contentions taken in the writ petition have to be first raised before the competent authority at the time when Ext.P10 show cause notice is being adjudicated. The prayers in Ext.P9 application seeking cross-examination of the officer who conducted the inquiry under Section 65 of the 1969 Act has also to be considered by the competent authority at the time of adjudication of Ext.P10 show cause notice.

Accordingly, this writ petition is closed, reserving the liberty of the petitioners to raise all the contentions raised in this writ petition before the competent authority as and when Ext.P10 show cause notice is being adjudicated. I make it clear that the petitioners will also be entitled to raise the claims in Ext.P9 before the competent authority when Ext.P10 show cause notice is being adjudicated, and if the petitioners do so, the competent authority shall consider the same keeping in mind the law laid down by this Court in Johnson K (supra).

Sd/-