Contentions regarding co-operative society notices must be raised before the competent authority before resorting to writ petitions.

J U D G M E N T

This Writ Petition has been challenging Ext.P5 notice issued under sub-section (2) of Section 68 of the Kerala Co-operative Societies Act , 1969 (hereinafter referred to as the “1969 Act”).

2. According to the petitioners, Ext.P5 notice is illegal and unsustainable in law. It is submitted that the proceedings under Section 66 of the 1969 Act that preceded the proceedings under Section 68 were conducted contrary to Rule 66 of the Kerala Co-operative Societies Rules (the Rules). It is submitted that copies of the documents have not been served. It is submitted that, in such circumstances, a proceeding under is without jurisdiction and has to be set aside in exercise of Writ jurisdiction under Article 226 of the Constitution of India. 3. The learned Government Pleader submits that going by the law laid down by the Full Bench inKudayathoor Service Co- operative Bank Ltd. v. Joint Registrar of Co-operative Societies (General),2022 (3) KLT 222, all contentions, including the contentions now raised before this Court, have to be raised before the competent authority as and when the notice under sub-section (2) of is being adjudicated. It is submitted that absolutely no prejudice will be caused to the petitioners by requiring them to raise their objections before the competent authority at the first stage, before rushing to this Court in a Writ Petition under Article 226 of the Constitution of India.

4. Having heard the learned counsel for the petitioners and the learned Government Pleader and having regard to the law laid down by this Court in Kudayathoor Service Co-operative Bank Ltd (supra), I am of the view that the learned Government Pleader is right in contending that the petitioners have to raise all contentions before the competent authority, as and when the Ext.P5 notice is being adjudicated. Expressly reserving the right of the petitioners to do so, this Writ Petition will stand dismissed. All contentions raised in this Writ Petition are left open to be raised before the competent authority at the time of adjudication.