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2002 Supreme(Ker) 250

B.N.SRIKRISHNA, G.SIVARAJAN, M.RAMACHANDRAN
S. Lakshmanan – Appellant
Versus
V. Velliankeri – Respondent


Judgment :-

Srikrishna, C.J.

By a reference order dated 21st March, 2000 made by the Division Bench of Arijit Pasayat,C.J. (as His Lordship then was), and K.S.Radhakrishnan,J., the following question of law has been referred to the Full Bench for decision:

“Whether absence of a specific provision in the Kerala Co-operative Societies Act, 1969 and the Rules framed there under will stand in the way of any motion for loss of confidence relating to President of a co-operative society?”

2. Section 28 of the Kerala Co-operative Societies Act, 1969 (hereinafter referred to as “the Act”) is titled “Appointment of committee” and provides that the general body of a society shall constitute a committee, for a period not exceeding fiver years, in accordance with the bye-laws and entrust the management of the affairs of the society to such committee. Section 33(1) of the Act contemplates appointment of new committee or administrator, inter alia, where a no-confidence motion is passed by the general body against the existing committee. Rule 43 of the Kerala Co-operative Societies Rules, 1969 (hereinafter referred to as “the Rules”) deals with the election of President, Vice-President, Treasurer or

































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