Mani Viswanath v. State of Kerala
LOK 2026 (11) Ker. 42
Equivalent citations: 2026 KER 84208
- Court
- High Court of Kerala
- Bench
- A.K. Jayasankaran Nambiar & Preeta A.K., JJ.
- 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.
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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