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 register under the Kerala Co-operative Societies Act, 1969 (hereinafter referred to as ‘the Act’). The Managing Committee of the society was superseded by the Joint Registrar before the expiry of the term on 11-11-1996. It was challenged. In the meantime, the election was notified. On 4-12-1996 the Returning Officer appointed by the Joint Registrar removed 1700 members from the voters list. This Court in O.p.No.19104 of 1996 allowed those members to vote. Accordingly, election was conduct to the Managing Committee of the society on 29-12-1996. Since results were not declared before the expiry of the term of the then managing committee, a part-time Administrator was appointed under section 33 of the Act on 1-1-1997 and he was managing the society. This Court by order in C.M.P.No.1991 of 1997 directed to declare the results before 22-1-1997. Results were declared on 22-1-1997 and the newly elected committee took charge on 28-1-1997. The part-time Administrator who was managing the society had enrolled 859 new members after election was declared and before the newly elected committee had taken charge. Even though the new committee had taken over on 28-1-1997, the Joint Registrar set aside the election by order dated 14-8-1997. An Administrator was appointed. On 16-12-1997, the State Co-operative Tribunal set aside the above order. Still, the Joint Registrar did not give the charge to the elected committee and the Society continued to be administered by the Administrator. Aggrieved members filed writ petition before this Court and this Court directed the Joint Registrar to hand over charge to the elected committee by judgment dated 18-3-1998. On 24-3-1998, the Administrator handed over the charge to the elected committee. But during the interval from 14-8-1997 to 24-3-1998, the administrator enrolled 3781 members. Thus, the total number of members enrolled by the Administrator was 4, 633. The number of Original members was only 7426. Accordingly to the petitioner, 4,633 members were enrolled to tilt the balance so that the political party in power will get control of the society in the next election and the Administrator had enrolled those members en masse without examining the eligibility of the persons or any proper verification of facts. On 25-4-1998, the managing committee appointed a sub-committee to verify the admission of members by the Administrator. After considering the report of the sub-committee, the managing committee on 16-5-1998 decided to issue notice to the members enrolled by the Administrator for removing them form the membership. After consideration of the matter, the Committee resolved to remove the members enrolled by the interim Administrator. Again, the Committee was superseded under Sec. 33 of the Act on the ground of lack of quoru