The petitioner is aggrieved with Exhibit P3 notice, by which the Managing Committee of the respondent-Bank is sought to be superseded under Section 32 of the Kerala Co-operative Societies Act, 1969 [for brevity “the Act”]. 2. The contention raised to challenge the notice in the above writ petition is that the allegations are with respect to the previous Managing Committee members. The present Managing Committee of the Society is not at all involved in the transactions on which the allegations are raised in Exhibit P3 notice. It is also submitted that surcharge proceedings have been initiated against the members of the previous Managing Committee and it is pending finalisation. The learned counsel for the petitioner contends that in fact an enquiry was initiated as per Section 65 and no final order has been passed under sub-section (6), within the time stipulated, before the proceedings for supersession is initiated WP(C).No.19956 of 2012 - 2 -
3. At the time of admission, this Court had granted an interim stay and the same is continuing till now. It is only proper that the authority, who issued Exhibit P3 notice, consider the objections filed by the petitioner herein and pass orders looking into whether the allegations are in fact against the earlier Managing Committee members. The same shall be considered and order passed within a period of two months from the date of receipt of a certified copy of this judgment.
The writ petition is closed, leaving open all contentions of the petitioner.
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Sd/- K.Vinod Chandran Judge ( true copy )