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Mani Viswanath v. State of Kerala

LOK Law Journal

LOK 2026 (11) Ker. 42

Equivalent citations: 2026 KER 84208

Court
High Court of Kerala
Bench
A.K. Jayasankaran Nambiar & Preeta A.K., JJ.
Decided on
Case No.
W.A. Nos. 1948 & 1991 of 2026

Counsel For the appellant(s) — Renjith Thampan (Senior Advocate), P. C. Sasidharan, Y. Jafar Khan and V. M. Krishnakumar. For the respondent(s) — K. Jaju Babu (Advocate General), Arun Chandran (Special Government Pleader) and P. N. Mohanan.

Society

Provisions referred

  • Co-operative Societies Act, 1969 (Kerala) — Section 32(1), 32(2) & 32(3)

Headnote

Supersession of Managing Committee — Dispensation of show cause notice and consultation — Validity.

Resort to the exceptional procedure under Section 32(3) dispensing with prior show cause notice to the committee and mandatory consultation with financing bank and circle co-operative union is permissible only in very exceptional circumstances where it is not reasonably practical to do so. Where the authority already had full access to all relevant materials and documents provided by the society during inquiry under Section 66, there exists no apprehension of tampering or destruction of records to justify dispensing with the statutory natural justice requirements under Section 32(1) and (2). Exceptional powers under Section 32(3) cannot be lightly resorted to.

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