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Judgment
Sathish Ninan, J.
The petitioner has been issued with a notice for hearing in terms of Rule 44(3) of the Kerala Co-operative Societies Rules. The disqualification proceedings is on the ground of non-compliance with the condition of pouring of the prescribed quantity of milk during the prescribed period.
The contention of the petitioner is that, the provision of the bye-law with regard to the requirement of pouring of milk has been overridden consequent on the amendment to the Co-operative Societies Act in the year 2021, and that in view of Section 16B of the Amended Act, the requirement is different from that mentioned in the bye-law. The petitioner satisfies the mandated requirements, is the contention.
The statute provides a mechanism for dealing with disqualification of a member. The notice impugned in the writ petition (Ext.P7) is only in terms thereof. The notice only requires the petitioner to appear and submit his explanations. It is open for the petitioner to raise all his contentions before the authority during the course of the hearing. The authority will consider the objections specifically and pass appropriate orders.
The petitioner has a further grievance that, the report of the Diary Extension Officer dated 3-10-2023, made mention of in the notice, has not been served on the petitioner. The authority has issued a notice calling upon the petitioner to appear tomorrow (18-10-2023). If the petitioner appears before the authority on 18-10-2023, he shall be served with a copy of the said report. The petitioner shall thereafter be granted one week’s time for the hearing.
The writ petition is disposed of accordingly.