M P Jackson vs The Reserve Bank Of India on 3 July, 2026

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    ADVERTISEMENT

    Kerala High Court

    M P Jackson vs The Reserve Bank Of India on 3 July, 2026

    WP(C) No.3275 of 2026
    
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                       IN THE HIGH COURT OF KERALA AT ERNAKULAM
    
                                       PRESENT
    
                     THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
    
               FRIDAY, THE 3RD DAY OF JULY 2026 / 12TH ASHADHA, 1948
    
                                WP(C) NO. 3275 OF 2026
    
    
    PETITIONER:
    
                  M P JACKSON
                  AGED 73 YEARS
                  S/O M C PAUL, MAMPILLY HOUSE, IRINJALAKUDA, THRISSUR
                  DISTRICT, PIN - 680125
    
    
                  BY ADVS.
                  SRI.ARJUN RAGHAVAN
                  SHRI.T.R.HARIKUMAR
                  SMT.POOJA PANKAJ
    
    
    
    
    RESPONDENTS:
    
          1       THE RESERVE BANK OF INDIA
                  REPRESENTED BY ITS EXECUTIVE DIRECTOR, CENTRAL OFFICE
                  BUILDING, SHAHID BHAGAT SINGH ROAD, MUMBAI, PIN - 400001
    
          2       STATE OF KERALA
                  REPRESENTED BY THE SECRETARY TO GOVERNMENT, CO-OPERATION (C)
                  DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN
                  - 695001
    
          3       THE REGISTRAR OF CO-OPERATIVE SOCIETIES
                  JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O,
                  THIRUVANANTHAPURAM, PIN - 695014
    
          4       THE IRINJALAKUDA TOWN CO-OPERATIVE BANK
                  REPRESENTED BY ITS MANAGING DIRECTOR, TANA SOUTH,
                  IRINJALAKUDA, THRISSUR DISTRICT, KERALA, PIN - 680121
    
          5       THE ADMINISTRATOR
     WP(C) No.3275 of 2026
    
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                                                                    2026:KER:48097
    
                 IRINJALAKUDA TOWN CO-OPERATIVE BANK, TANA SOUTH,
                 IRINJALAKUDA, THRISSUR DISTRICT, KERALA STATE, PIN - 680121
    
    
                 BY ADVS.
                 SRI.MILLU DANDAPANI
                 SMT.SUMATHY DANDAPANI (SR.)
    
    
    OTHER PRESENT:
    
                 ADV. RAJANI K.N. (SR.G.P.)
    
    
          THIS   WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
    03.07.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
     WP(C) No.3275 of 2026
    
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                                                                         CR
    
                                  JUDGMENT
    

    Dated this the 03rd day of July, 2026

    1. The Petitioner is the former President of Respondent No.4 –

    SPONSORED

    Urban Co-operative Bank. The Petitioner has filed this Petition

    challenging Ext.P5 order of the Respondent No.1/Reserve Bank

    of India issued under Section 36AAA r/w Section 56 of the

    Banking Regulation Act, 1949, superseding the Board of

    Directors of Respondent No.4. Other reliefs sought for in the

    Writ Petition are to declare that the principles of natural justice

    are to be read into the provisions of Section 36AAA r/w Section

    56 of the Banking Regulation Act, 1949, and to direct the

    Respondent No.1 to restore the elected Managing Committee

    of Respondent No.4, forthwith.

    2. The Respondent No.1 conducted an inspection on the operation

    of the Respondent No.4/Bank and prepared Ext.P1 Inspection
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    Report considering the financial position as on 31.03.2022.

    Several irregularities in the operation of the Respondent No.4

    were found in Ext.P1. The Respondent No.1, invoking its

    powers under Section 35A of the Banking Regulation Act,

    issued Ext.P3 All-Inclusive-Directions (AID) dated 29.07.2025

    imposing certain regulatory restrictions in the operations of the

    Respondent No.4 for a period of six months with effect from

    30.07.2025. The Respondent No.4 submitted a Request dated

    08.09.2025 to the Respondent No.1 seeking permission to sell

    Non-Banking Assets (NBAs) of the Respondent No.4 to come

    out of AID restrictions, which was replied to by the Respondent

    No.1 as per Ext.P4 dated 24.09.2025 that AID restrictions do

    not prohibit the sale of NBAs. The contention of the Petitioner is

    that while the Respondent No.4 initiated action to sell the NBAs

    to improve its financial position, the Respondent No.1 issued

    Ext.P5 order of supersession removing the Board of Directors
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    of Respondent No.4 and appointing an Administrator for the

    Respondent No.4 for a period of one year from 07.10.2025 to

    06.10.2026.

    3. The Respondent No.1 filed Counter Affidavit dated 27.02.2026

    opposing the prayers in the Writ Petition. Petitioner filed Reply

    Affidavit dated 10.03.2026 answering the contentions raised in

    the Counter Affidavit. The Respondent No.1 filed Additional

    Counter Affidavit dated 29.05.2026 clarifying certain facts in

    answer to the contentions raised in the Reply Affidavit.

    4. I heard the learned Counsel for the Petitioner, Sri. Arjun

    Raghavan, the learned Senior Counsel for the Respondent

    No.1, Smt. Sumathy Dandapani, instructed by Adv.Sri.Millu

    Dandapani, and the learned Government Pleader for the

    Respondent Nos.2 & 3.

    5. The learned Counsel for the Petitioner contended that Ext.P5

    Order was totally unwarranted in the facts and circumstances of
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    the case. The Respondent No.4 had been conducting its

    operation strictly in accordance with Ext.P3 AID. The financial

    condition of the Respondent No.4 could have been improved by

    the sale of NBAs, if a reasonable time was granted to the

    Respondent No.4. Learned Counsel challenged Ext.P5 on three

    specific grounds: (1) Ext.P5 Order was issued in violation of the

    principles of natural justice, (2) Ext.P5 Order was passed

    without consultation with the State Government as mandatorily

    required under Section 36AAA of the Banking Regulation Act,

    and (3) Respondent No.1 has no authority to appoint

    Administrator to replace the democratically elected Board of

    Directors of the Respondent No.4 on 23.01.2024 for a period of

    five years, which is answerable to the General Body of the

    Respondent No.4.

    6. First contention of the Learned Counsel for the Petitioner is that

    even though Section 36AAA of the Banking Regulation Act
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    does not expressly provide an opportunity of hearing, an order

    of supersession is having consequence of loss of office and also

    loss of reputation, and the same has to be termed as civil

    consequence. It is well settled by the decisions of the Hon’ble

    Supreme Court that once it is found that there is civil

    consequence arising out of a transaction, the order therein can

    only be issued after hearing the affected party. The learned

    Counsel for the Petitioner relied on the decisions of the Hon’ble

    Supreme Court in Reserve Bank of India v. M. Hanumaiah and Others

    [(2008) 1 SCC 770], Sahara India (Firm), Lucknow v. Commissioner of

    Income Tax, Central-I and Another [(2008) 14 SCC 151], Brigadier Nalin

    Kumar Bhatia v. Union of India and Others [(2020) 4 SCC 78], State Bank

    of India and Others v. Rajesh Agarwal and Others [(2023) 6 SCC 1] and

    the decision of this Court in Manoharan K. v. District Collector,

    Kannur [2024 (4) KHC 606] in support of his contentions regarding

    the violation of principles of natural justice.
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    7. Second contention of the learned Counsel for the Petitioner is

    that the Proviso to Section 36AAA(1) of the Banking Regulation

    Act mandates consultation with the State Government

    concerned, seeking its comments before passing an order

    under Section 36AAA. The non-consultation of the State

    Government vitiates Ext.P5 order passed by the Respondent

    No.1. The consultation made by the Respondent No.1 with the

    Respondent No.3/Registrar of Co-operative Societies could not

    be equivalent to the consultation with the State Government.

    Under the Kerala Co-operative Societies Act, 1969, the State

    Government is at a higher level than the Registrar of the Co-

    operative Societies. Under Section 87 of the Kerala Co-

    operative Societies Act, a power of revision is provided against

    the orders of the Registrar of Co-operative Societies. It is a

    settled law that when the Statute provides for a thing to be done

    in a particular manner, then it has to be done in that manner
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    alone and in no other manner. Learned Counsel cited the

    decisions of the Hon’ble Supreme Court in Babu Verghese and

    Others v. Bar Council of Kerala and Others [(1999) 3 SCC 422], Rohitash

    Kumar and Others v. Om Prakash Sharma and Others [(2013) 11 SCC

    451] and OPTO Circuit India Limited v. Axis Bank and Others [(2021) 6

    SCC 707] in support of this Contention. Learned Counsel further

    cited the decisions of this Court in B. Sajeevan and Others v. The

    Joint Registrar of Co-Operative Societies and Others [2015 SCC OnLine

    Ker 26475], Chaithanya Krishnan and Others v. The Joint Registrar of

    Co-Operative Societies and Others [2022:KER:74409] and Sabu K.V. v.

    Registrar of Co-operative Societies and Others [ILR 2026 Kerala OnLine

    52] dealing with the supersession of the Managing Committee

    under Section 32 of the Kerala Co-operative Societies Act,

    1969. In B. Sajeevan (supra) and Sabu K.V. (supra), this Court held

    that the Order passed by the Registrar under Section 32(1) of

    the Kerala Co-operative Societies Act to supersede the
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    Managing Committee without consultation of the Circle Co-

    operative Union or the State Co-operative Union, as the case

    may be, is unsustainable and ordered to restore the Managing

    Committee forthwith.

    8. The third contention of the Counsel for the Petitioner is that the

    Managing Committee is elected democratically by the General

    Body and it has to remain in power for a period of five years,

    expiring on 24.01.2029, as provided under Section 28 of the

    Kerala Co-operative Societies Act. The said democratic body

    could not be replaced by an Administrator appointed under

    Section 36AAA of the Banking Regulation Act. It is the

    Managing Committee alone which takes policy decisions

    pertaining to the functioning of the Co-operative Society. The

    Managing Committee is answerable to the General Body. If

    Ext.P5 order passed by Respondent No.1 is allowed to stand, it

    would be detrimental to the democratic principles embodied in
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    the Kerala Co-operative Societies Act. Section 32 of the Kerala

    Co-operative Societies Act provides for the supersession of the

    Managing Committee on the Registrar being satisfied that the

    Managing Committee has indulged in any of the illegal actions

    mentioned in Section 32 (1) of the Kerala Co-operative

    Societies Act. It is well settled that the power of supersession is

    to be used sparingly by the authorities. There are enough

    safeguards in the Kerala Co-operative Societies Act to correct

    an erring Society. None of the authorities under the Kerala Co-

    operative Societies Act has initiated any action against the

    Respondent No.4. Learned Counsel concluded his arguments

    praying to set aside Ext.P5 order and to restore the elected

    Managing Committee of the Respondent No.4 forthwith.

    9. Per contra, the learned Senior Counsel for the Respondent No.1

    contended that Section 36AAA of the Banking Regulation Act

    does not contemplate any personal hearing before passing an
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    Order under the said Section. The learned Senior Counsel

    invited my attention to Section 36AA of the Banking Regulation

    Act which provides for the removal of managerial or other

    persons from the office of a banking company. It provides for

    granting a reasonable opportunity of making representation

    against the proposed order. The Legislature, in its wisdom, has

    purposefully omitted the opportunity of hearing in Section

    36AAA and hence the opportunity of hearing could not be read

    into Section 36AAA. The Bombay High Court considered the

    question in Sandeep S. Ghandat and Others v. Reserve Bank of India

    and Others [2024 SCC OnLine Bom 3584] and it is held that the

    principles of natural justice cannot be read into Section 36AAA.

    The decision cited by the learned Counsel for the Petitioner are

    clearly distinguishable. Learned Senior Counsel further

    contended that the Respondent No.1 passed Ext.P5 Order after

    consultation with the State Government which is mandated
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    under the Proviso to Section 36AAA(1). The Respondent No.1

    sought comments from the Respondent No.3/Registrar of Co-

    operative Societies in the matter of the Respondent No.4 as per

    Ext.R1(b) and the Respondent No.3 submitted Ext.R1(c)

    comments to the Respondent No.1. The Registrar of Co-

    operative Societies is the Principal Officer heading the

    Department of Co-operation who supervises the functioning of

    the Co-operative Societies throughout the State. He is the most

    competent officer of the State Government for consultation with

    respect to matters affecting the functioning of the Co-operative

    Societies. The State Government has not raised any objection

    against Ext.P5 order on the ground that the State Government

    was not consulted before passing the Ext.P5 order. It is clear

    from the First Proviso to Section 32(1) of the Kerala Co-

    operative Societies Act that in the case of Co-operative Society

    carrying on the business of banking, the provisions of the
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    Banking Regulation Act, 1949, shall also apply. Respondent

    No.1 derives the power of supersession under the provisions of

    the Banking Regulation Act. Hence, the Respondent No.1 is

    competent to supersede the Managing Committee of the

    Respondent No.4. The Respondent No.1 passed Ext.P5 Order

    when it was found that Ext.P3 AID is insufficient to improve the

    financial condition of the Respondent No.4/Bank. The

    democratic setup of the Society is not a hurdle when sufficient

    reasons are available to the Respondent No.1 to invoke its

    power under Section 36AAA of the Banking Regulation Act.

    Ext.P5 order is already implemented and the Administrator

    appointed by the Respondent No.1 has taken charge long back.

    Ext.P5 order is dated 07.10.2025 and the Administrator

    appointed by Respondent No.1 took charge of the Respondent

    No.4 immediately and has been managing the Respondent

    No.4 for the last several months. The Petitioner has filed this
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    Writ Petition only on 27.01.2026. This Court was not inclined to

    grant any interim order in favour of the Petitioner and hence the

    Administrator has continued his management of the

    Respondent No.4. The present administration is due to expire

    on completion of one year on 06.10.2026. The reasons for

    passing the Ext.P5 order of supersession are clearly stated in

    the Ext.P5 order. There are well-supported reasons in Ext.P5

    order. The learned Senior Counsel concluded his arguments

    praying to dismiss the Writ Petition.

    10. In the light of the arguments advanced before me, the following

    questions arise for consideration in this case:

    1. Whether an opportunity of hearing is to be given before passing an

    Order of supersession under Section 36AAA of the Banking

    Regulation Act?

    2. Whether consultation with the Registrar of Co-operative Societies is

    sufficient compliance for consultation with the State Government as
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    mandated under the Proviso to Section 36AAA(1) of the Banking

    Regulation Act?

    3. Is it permissible for the Respondent No.1 to supersede the Managing

    Committee elected by the General Body of the Respondent No.4

    without recourse to the provisions under the Kerala Co-operative

    Societies Act and the Rules made thereunder?

    Question No.1:

    11. There could not be any quarrel with respect to the proposition

    of law that when the proceedings result in civil consequences to

    the affected party, the principles natural justice have to be

    followed.

    12. In M. Hanumaiah (supra), the question considered was whether

    the principles of natural justice have any application at the stage

    when the Registrar of Co-operative Societies, on being so

    required in writing by the Reserve Bank of India, passes an

    order removing the Committee of Management of a Co-
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    operative Bank and appointing an Administrator to manage its

    affairs for such period, as may be specified by the Reserve Bank

    of India. The Hon’ble Supreme Court answered the question in

    the negative and held and found that on receipt of a requisition

    in writing from the Reserve Bank of India, the Registrar, Co-

    operative Societies, is statutorily bound to issue the order of

    supersession of the Committee of Management of the Co-

    operative Bank and that at that stage the affected Bank / its

    Managing Committee has no right of hearing or to raise any

    objections. In the decision in Brigadier Nalin Kumar Bhatia (supra)

    cited by the Counsel for the Petitioner, the Hon’ble Supreme

    Court held that there is no presumption that a decision taken by

    persons occupying high posts is valid; that all power vested in

    the authorities has to be discharged in accordance with the

    principles laid down by the Constitution and the other Statutes

    or Rules / Regulations governing the field; that the judicial
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    scrutiny of a decision does not depend on the rank or position

    held by the decision maker; and that the Court is concerned with

    the legality and validity of the decision and the rank of the

    decision maker does not make any difference. The decision in

    Rajesh Agarwal (supra) is cited to substantiate the point that

    administrative proceedings which entail significant civil

    consequences must be read consistent with the principles of

    natural justice to meet the requirement of Article 14; that where

    possible, the rule of audi alteram partem ought to be read into

    a statutory rule to render it compliant with the principles of

    equality and non-arbitrariness envisaged under Article 14. The

    decision in Sahara India (supra) is cited by the Counsel for the

    Petitioner to substantiate the point that unless a statutory

    provision either specifically or by necessary implication

    excludes the application of principles of natural justice, the

    requirement of giving reasonable opportunity of being heard
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    before an order is made, is generally read into the provisions of

    a statute, particularly when the order has adverse civil

    consequences for the party affected; and that the principle will

    hold good irrespective of whether the power conferred on a

    statutory body or tribunal is administrative or quasi-judicial. It is

    further held by the Hon’ble Supreme Court that no general rule

    of universal application can be laid down as to the applicability

    of the principle audi alteram partem, in addition to the language

    of the provision; that there can be exceptions to the said

    doctrine; that the question whether the principle has to be

    applied or not is to be considered bearing in mind the express

    language and the basic scheme of the provision conferring the

    power, the nature of the power conferred and the purpose for

    which the power is conferred and the final effect of the exercise

    of that power; and that it is only upon a consideration of all these

    matters that the question of application of the said principle can
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    be properly determined. In Rohitash Kumar (supra), the Hon’ble

    Supreme Court held that the Court, while interpreting statutory

    provisions, cannot add words to a Statute, or read words into it

    which are not part of it, especially when a literal reading of the

    same produces an intelligible result; that the Statute is not to be

    construed in light of certain notions that the legislature might

    have had in mind, or what the legislature is expected to have

    said, or what the legislature might have done, or what the duty

    of the legislature to have said or done was; that the Courts have

    to administer the law as they find it, and it is not permissible for

    the Court to twist the clear language of the enactment in order

    to avoid any real or imaginary hardship which such literal

    interpretation may cause; and that under the garb of interpreting

    the provision, the Court does not have the power to add or

    subtract even a single word, as it would not amount to

    interpretation, but legislation.

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    13. Section 36AA of the Banking Regulation Act deals with the

    removal of managerial and other persons from the office of the

    banking company. Section 36AAA of the Banking Regulation

    Act deals with the supersession of Board of Directors of a Co-

    operative Bank. On a bare comparison of the provisions under

    Section 36AA and Section 36AAA of the Banking Regulation

    Act, it is clear that the Legislature in its wisdom has decided to

    avoid the application of the principle of natural justice to the

    proceedings under Section 36AAA. The Legislature has

    incorporated the principle of natural justice into the language of

    Section 36AA, whereas it has avoided the same in Section

    36AAA. When the Legislature has decided to avoid the

    application of the principle of natural justice to the proceedings

    under Section 36AAA, it could not be read into the language of

    the said provision. Section 36AAA of the Banking Regulation
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    Act does not contemplate an opportunity of hearing before

    passing an Order under the said Section.

    14. The Division Bench of the Bombay High Court had occasion to

    consider this question in Sandeep S. Ghandat (supra). It is apposite

    to quote Paragraphs Nos.86 and 87 of the said decision:

    “86. Section 36-AA, which immediately precedes Section 36-AAA, provides that

    an order removing any Chairman, Director, Chief Executive Officer or other

    officer or employee of a banking company under sub-section (1) of Section 36-

    A shall not be made unless the Chairman, Director or Chief Executive Officer or

    other officer or employee concerned has been given a reasonable opportunity

    of making a representation to the Reserve Bank of India against the proposed

    order. However, Section 36-AAA, which immediately follows Section 36-AA,

    does not provide for any such opportunity of hearing before any order is passed

    by the RBI. In our view, therefore, this clearly shows that the intention of the

    Parliament is not to include the principles of natural justice in Section 36-AAA.

    In other words, there is a clear mandate to the contrary in the statute. Looking

    at it in another way it can also be said that the statute excludes by necessary
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    implication the principles of natural justice from Section 36-AAA. In our view, for

    this reason the principles of natural justice cannot be read into Section 36-AAA.

    87. Further, the judgment in Rajesh Agarwal (supra) provides that principles of

    natural justice should not be read into a statute where importing them would

    have the effect of paralysing the entire process. It is important to note that RBI

    has to exercise the power under Section 36AAA when it is satisfied that in the

    public interest or for preventing the affairs of a Co-operative Bank being

    conducted in a manner detrimental to the interest of the depositors or of the

    Co-operative Bank or for securing the proper management of the Co-operative

    Bank it is necessary to do so. In our view, considering the circumstances in

    which the power under Section 36-AAA has to be exercised, if a show-cause

    notice or hearing is given, then it would lead to delay causing further

    deterioration in the affairs of the Bank and further mismanagement thereby

    further prejudicing the interests of the Bank and its depositors. This would have

    the effect of defeating the purposes for which the said power is conferred on

    the Reserve Bank in Section 36-AAA. In our view, for this reason also, the

    principles of natural justice cannot be read into Section 36-AAA.”
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    15. I am in respectful agreement with the view taken by the Division

    Bench of the Bombay High Court in the above decision.

    16. While passing a Supersession Order under Section 36AAA, the

    Respondent No.1 should be satisfied that in the public interest

    or for preventing the affairs of Co-operative Bank being

    conducted in a manner detrimental to the interest of depositors

    or of the Co-operative Bank or for securing the proper

    management of the Co-operative Bank, it is necessary to

    supersede the Board of Directors of such Co-operative Bank

    and the Order should contain reasons in writing. In the case on

    hand, the Respondent No.1 conducted an enquiry on the

    operation of the Respondent No.4 as per Ext.P1. The

    Respondent No.1 issued Ext.P3 Order as a first step, issuing

    certain regulatory restrictions to the operation of the

    Respondent No.4. It is thereafter that the Respondent No.1

    passed Ext.P5 order appointing Administrator superseding the
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    Board of Directors of the Respondent No.4 for a period of one

    year. Clear reasons are stated in Ext.P5 Order. Hence, I am of

    the view that the Managing Committee of the Respondent No.4

    including the Petitioner are not entitled to get an opportunity of

    personal hearing before passing the Ext.P5 order. This question

    is answered in the negative and in favour of the Respondent

    No.1.

    Question No.2

    17. Proviso to Section 36AAA(1) of the Banking Regulation Act

    provides that in the case of a Co-operative Bank registered with

    the Registrar of Co-operative Societies of a State, the Reserve

    Bank shall issue order under Section 36AAA in consultation with

    the concerned State Government seeking its comments, if any,

    within such period as the Reserve Bank specifies. Of course,

    the Registrar of Co-operative Societies is a competent officer of

    the State Government for consultation in a matter affecting the
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    functioning of a Co-operative Society. But when the statute

    specifically requires consultation with the State Government,

    the consultation with the Registrar of Co-operative Societies is

    not sufficient. In Babu Verghese (supra) and OPTO Circuit India

    Limited (supra), the Hon’ble Supreme Court reiterated that it is

    the basic principle of law long settled that if the manner of doing

    a particular act is prescribed under any statute, the act must be

    done in that manner alone and in no other manner. The

    Registrar of Co-operative Societies cannot represent the State

    Government in such a consultation process. The State

    Government, represented by the Secretary of the Cooperation

    Department, is the competent authority to be consulted before

    passing Order under Section 36AAA of the Banking Regulation

    Act. As rightly contended by the learned Counsel for the

    Petitioner, the Registrar of Co-operative Societies is an officer
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    subordinate to the State Government in the hierarchy of

    authorities provided in the Kerala Co-operative Societies Act.

    18. In State of Madhya Pradesh and Others v. Sanjay Nagayach and Others

    [(2013) 7 SCC 25] cited by the learned Counsel for the Petitioner,

    the Hon’ble Supreme Court was concerned with the legality of

    an order passed by the Joint Registrar of the Co-operative

    Societies, superseding the Board of Directors of a Co-operative

    Bank without previous consultation with the Reserve Bank of

    India, as provided under the Second Proviso to Section 53(1) of

    the Madhya Pradesh Co-operative Societies Act, 1960. The

    Hon’ble Supreme Court upheld the judgment of the Division

    Bench of the High Court of Madhya Pradesh setting aside the

    order of supersession on the ground of non-compliance of the

    Second Proviso to Section 53(1) of the Madhya Pradesh Co-

    operative Societies Act, 1960, holding that the consultation with

    the Reserve Bank of India was not effective and meaningful.
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    19. When the statute provides for consultation with the State

    Government, the absence of any objection from the side of

    State Government on the ground of non-consultation is

    irrelevant.

    20. When Proviso to Section 36AAA(1) provides for mandatory

    consultation with the State Government, any order passed

    without such consultation is to be held unsustainable. This

    question is answered in the negative and in favour of the

    Petitioner.

    Question No.3

    21. In the matter of supersession of the Managing Committee of a

    Co-operative Bank, it is the Respondent No.1 which has more

    expertise for its financial administration than the authorities

    under the Co-operative Societies Act. For efficient performance

    of the banking business of the Co-operative Banks, regular

    monitoring by the Respondent No.1 is absolutely essential.
    WP(C) No.3275 of 2026

    29

    2026:KER:48097

    Section 32 of the Kerala Co-operative Societies Act provides for

    supersession of Committee of the Societies. The First Proviso

    to Section 32(1) provides that in the case of Co-operative

    Society carrying on the business of banking, the provisions of

    the Banking Regulation Act, 1949 shall also apply. In such case,

    the Respondent No.1 has all the powers to initiate action under

    the Banking Regulation Act against a Co-operative Bank, as in

    the case of commercial Banks. Part V of the Banking Regulation

    Act provides for the application of the Act to Co-operative

    Banks. When there is a clear provision as Section 36AAA in the

    Banking Regulation Act providing for supersession of the Board

    of Directors of the Co-operative Banks, the Co-operative Bank

    cannot claim any immunity from the proceedings initiated under

    the Banking Regulation Act, on the ground that it has been

    working under a democratic setup provided by the Kerala Co-
    WP(C) No.3275 of 2026

    30

    2026:KER:48097

    operative Societies Act. Hence, this question is answered in the

    affirmative and in favour of the Respondent No.1.

    Conclusion

    22. In view of the answer to Question No.2, in normal case, the

    Petitioner is entitled to succeed in this Writ Petition. But Ext.P5

    order is dated 07.10.2025 and the same has been implemented

    by the Administrator taking charge of the management of the

    Respondent No.4 immediately. The Petitioner, who was the

    President of the Respondent No.4, has chosen to file this Writ

    Petition only on 27.01.2026. The Petitioner could not secure any

    interim order in his favour. Even after the filing of the Writ

    Petition, the Administrator appointed by the Respondent No.1

    continued the management of the Respondent No.4. Now the

    Administrator appointed by Respondent No.1 has been

    conducting the management of the Respondent No.4 for the last

    nearly nine months. The Administrator is appointed for a period
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    31

    2026:KER:48097

    of one year which would expire on 06.10.2026. Hence, I am of

    the view that it is not in the public interest and in the interest of

    the Depositors and the Respondent No.4, to set aside Ext.P5

    order at this distance of time. It is not desirable to restore the

    Managing Committee back to the management of Respondent

    No.4 at present. Hence, I am not inclined to exercise my

    discretion under Article 226 of the Constitution of India in favour

    of the Petitioner.

    23. Accordingly, this Writ Petition is dismissed repelling the

    challenge against Ext.P5 order, and at the same time, directing

    that if the Respondent No.1 wants to continue Ext.P5 order after

    06.10.2026, the same shall be done only with the consultation

    with Respondent No.2.

    Sd/-

    M.A.ABDUL HAKHIM
    JUDGE
    Shg/jma
    WP(C) No.3275 of 2026

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    2026:KER:48097

    APPENDIX OF WP(C) NO. 3275 OF 2026

    PETITIONER EXHIBITS

    Exhibit-P1 A TRUE COPY OF THE INSPECTION REPORT DATED NIL
    PREPARED BY THE 1ST RESPONDENT
    Exhibit-P2 A TRUE COPY OF THE REQUEST DATED 16-01-2023 ALONG
    WITH THE BOARD RESOLUTION
    Exhibit-P3 A TRUE COPY OF THE DIRECTIVE NO.CO.DOS.SED.NO.D-

    01/12-22- 350/2025-26 DATED 29-07-2025 ISSUED BY
    THE 1ST RESPONDENT
    Exhibit-P4 A TRUE COPY OF THE REPLY BY THE 1ST RESPONDENT
    DATED 24-09-2025 ALONG WITH THE MAIL COMMUNICATION
    OF THE 4TH RESPONDENT
    Exhibit-P5 A TRUE COPY OF THE ORDER BEARING NUMBER
    TYM.DOS.SED.NO.S791/12-04-158/2025-2026 DATED
    07-10-2025 ISSUED BY THE 1ST RESPONDENT
    RESPONDENT EXHIBITS

    EXHIBIT R1(a) True copy the All Inclusive Direction of the RBI
    dated 29.07.2025 bearing no Directive No.
    CO.DOS.SED.No.D-01/12-22-350/2025-26
    EXHIBIT R1(b) The true copy of the letter dated 08.08.2025
    bearing no. TVM.DOS.SED.No.S648/12-04-158/2025-

                                2026
    EXHIBIT R1(c)               The true copy of the letter of the Registrar of
                                Co-operative    Societies    bearing    no.  No.
                                PA/RCS/5512025 dated 14.08.2025
     



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