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2018 Supreme(Online)(KER) 1868

HIGH COURT OF KERALA
THE BOARD OF DIRECTORS, KOZHIPALLY SERVICE CO-OPERATIVE BANK – Appellant
Versus
THE JOINT REGISTRAR OF CO-OPERATIVES (GENERAL) – Respondent


The 1st petitioner is the Board of Directors

and the 2nd petitioner is the President of

Kozhippally Service Co-operative Bank Ltd, which

is a Society registered under the provisions of

the Kerala Co-operative Societies Act, 1969 and

the rules made thereunder. The petitioners have

filed this writ petition under Article 226 of the

Constitution of India, seeking a writ of

certiorari to quash Ext.P1 order dated 23.11.2017

of the 1st respondent Joint Registrar, whereby an

inquiry under Section 65 of the Kerala Co-

operative Societies Act has been ordered in the

working of the said Society, for the matters

enumerated therein, by appointing the 2nd

respondent Inquiry Officer. The petitioners have

also sought for a declaration that Ext.P1 order

of inquiry issued by the 1st respondent is tainted

with

malafides

oblique

motives,

without

application of mind and thus the same is without

any legal backing and cannot withstand the

3

scrutiny of law.

2. On 10.01.2018, when this writ petition

came up for admission, the learned Senior

Government Pleader was directed to file

statement. This Court granted an interim stay of

all further proceedings pursuant to Ext.P1 for a

p

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