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Showing contexts for: matsyafed in V.Dinakaran vs The Registrar on 14 July, 2016Matching Fragments
The petitioner is the Chairman of the Managing Committee of the Kerala State Co-operative Federation for Fisheries Development Limited ('the Matsyafed'). The Matsyafed is the apex society of the Primary Fishery Co- operative Societies in the State registered under the Kerala Co-operative Societies Act. Ext.P3 notice, by which the petitioner was directed to show cause why the Managing Committee of the Matsyafed shall not be superseded, is under challenge in this writ petition.
2. The facts relevant are the following :
There was an inquiry under Section 65 of the Act in relation to the affairs of the Matsyafed. Ext.P3 show cause notice has been issued relying on the report of the said inquiry. The main case of the petitioner is that Ext.P3 notice has been issued only to the Chairman of the managing committee. According to the petitioner, since the managing committee of the society is proposed to be superseded, notice should have been given to all the members of the managing committee. It is also the case of the petitioner that before initiating proceedings under Section 32 of the Kerala Co-operative Societies Act based on the report of inquiry under Section 65 of the Act, the members of the managing committee of the Matsyafed should have been an opportunity to raise their objections against the findings in the inquiry. Since the above procedure has not been complied with, according to the petitioner, Ext.P3 notice issued based on the report of enquiry is without jurisdiction.
3. Heard the learned Senior Counsel for the petitioner as also the learned Special Government Pleader.
4. The show cause notice issued under Section 32(1) of the Act for superseding the managing committee of the Matsyafed is under challenge in the writ petition. Section 32 of the Act reads thus:
"Section 32: Supersession of Committee.
[(1) If the Registrar, after an inquiry by himself or through his subordinates or on a report of the financing bank, or the Vigilance and Anti Corruption Bureau of the Government or the Vigilance Officer or other wise is satisfied that the committee of any society,-