Kochi: Kerala High Court on Wednesday set aside the state govt order dissolving the managing committee of Milma ’s Thiruvananthapuram Regional Cooperative Milk Producers’ Union (TRCMPU), holding that exceptional circumstances justifying the action without prior notice did not exist.




A division bench of Justices A K Jayasankaran Nambiar and A K Preetha also quashed a single bench order upholding govt decision and directed the immediate reinstatement of the erstwhile managing committee, replacing the administrator appointed pursuant to the govt order.




The court was considering appeals filed by the union’s president K Krishnan Potty and other office-bearers challenging the govt order dated July 27, which dissolved the committee over allegations of corruption and financial irregularities.




Govt had acted on a report by the director of the dairy development department alleging irregularities in the union’s administration, including the supply of ghee to Sabarimala Sannidhanam store. It was alleged that high-quality ghee dispatched to Sabarimala was replaced en route with inferior-quality ghee sourced from Tamil Nadu, prompting HC to order a vigilance inquiry.




The appellants contended that the committee was dissolved without a show-cause notice or consultation with the state cooperative union, as required under relevant sections of the Kerala Co-operative Societies Act, 1969. Govt argued that the possibility of the committee tampering with records justified invoking Section 32(3), which permits action without prior notice.




Rejecting this contention, the division bench noted that the appellants had fully cooperated with the inquiry and provided access to relevant records regarding the allegations. It held that there was no justification for invoking the exceptional provision and set aside the impugned govt order. The court further directed the competent authority to follow the prescribed procedure and pass fresh orders after hearing the appellants.