Objections to enquiry orders under the Kerala Co-operative Societies Act can only be raised after issuance of a show cause notice.

JUDGMENT

This writ petition has been filed challenging Ext.P1 order directing an enquiry under Section 65 of the Kerala Co-operative Societies Act , 1969 (hereinafter referred to as the ‘1969 Act’) into the affairs of the Nedumangad Government Employees Housing Co-operative Society Ltd.

2. The learned Government Pleader submits that the petitioner cannot have any grievance against Ext.P1 order and that, going by the law laid down by the Full Bench of this Court in Kudayathoor Service Co-operative Bank Limited v. Joint Registrar of Co-operative Societies (General), 2022 (3) KLT 222 (FB), the petitioner has to raise all contentions at the stage when a show cause notice is issued in terms of the provisions contained in Section 32 or Section 68 of the 1969 Act.

3. The learned counsel appearing for the petitioner submits that Ext.P1 order is vitiated by various errors of law and fact.

4. Having heard the learned counsel appearing for the petitioner and the learned Government Pleader, I am of the view that, in the light of the law laid down by the Full Bench of this Court in Kudayathoor Service Co-operative Bank Limited (supra), the right of the petitioner to raise objections is postponed to the stage at which a show cause notice is issued to the members of the Managing Committee or any other officer of the Society, on the basis of any findings that may be entered against them in an enquiry under Section 65 of the 1969 Act, namely, at the stage at which a show cause notice under Section 32 or Section 68 of the 1969 Act is issued to them.

Therefore, leaving open the right of the persons against whom any show cause notice may be issued either under the provisions of Section 32 or Section 68 of the 1969 Act, and leaving open all contentions raised in this writ petition, the challenge raised at this stage to Ext.P1 order is rejected, and the writ petition will stand dismissed, subject to the above observations.

Sd/-