The petitioners in the above writ petitions are aggrieved with the orders passed under Section 32 of the Kerala Co-operative Societies Act, 1969 (for brevity, 'the Act'). The impugned orders are respectively Ext.P5 in W.P.(C) No. 9712 of 2011 and Ext.P12in W.P.(C) No.7423 of 2011. The only contention raised by the petitioners is that, there is no consultation with the financing Bank as provided under Section 32 of the Act, since, the same has been held to be mandatory in the decisions reported in Siddhikul Akbar v. Nirmala [2013(2) KLT SN 123] and State of Kerala v. Urukunnu Service Co-operative Bank Ltd. [2013(2) KLT 74]. 2. In such circumstance, the impugned orders cannot W.P.(C) Nos.7423 of 2011 - C and 9712 of 2011-L 2 be sustained and the same is set aside. However, making it clear that this Court has not looked into the merits of the impugned order passed under Section 32 of the Act; except for finding the same to be unsustainable, for reason of no consultation having been effected and no such consultation have been disclosed in the order. It is also pertinent that the election has already been conducted to the Society and a new committee has taken charge. The official respondents would have reserved the liberties to proceed against the petitioners if the same is permissible, in accordance with law.
The writ petitions are disposed of.
Sd/-
K. VINOD CHANDRAN, JUDGE SB // True Copy // P.A. To Judge.