JAWAHAR LAL GUPTA, J.B.KOSHY, A.K.BASHEER
T. K. Porinchu – Appellant
Versus
The Joint Registrar of Co-Operative Societies – Respondent
Koshy, J.
Can the Administrator appointed under S.33 of the Kerala Cooperative Societies Act, 1969 enrol new members? This question was answered in the negative by a Full Bench of this Court in Hassan V. Joint Registrar of Co-Operative Societies (1998 (2) KLT 746 FB). It was held that the Administrator appointed under Sec. 33 of the Kerala Co-Operative Societies Act, 1969 has no power to enroll new members. This decision was affirmed by the Supreme Court in joint Registrar of Cooperative Societies vs. T.A. Kuttappan and others (2000 (6) SCC 1271). In the meantime, another Full Bench of this Court considered the matter in Cherthala Agriculatural Rural Development Bank V. Joint Registrar (2000 (1) KLT 730 FB) and took the view that the decision in Hasam’s case will operate prospectively from the date of the decision and not retrospectively. Does the later decision lay down a rule of universal application or was it confined to the facts of that case? This is the issue that arises for consideration in these two cases.
2. The facts may be briefly noticed. The petitioner in O.P.No.4699 of 2001 is a member of the Trichur District Co-operative Hospital limited. It is a society re
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