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2000 Supreme(Ker) 312

J.B.KOSHY, M.RAMACHANDRAN
Parappanangadi C. K. U. S. Sangham – Appellant
Versus
Deputy Director – Respondent


Judgment :-

J.B. Koshy, J.

In all these Writ Appeals the common question to be considered is the applicability of Chapter XV of the Kerala Co-operative Societies Rules, 1969 (hereinafter referred to as the rules ) to the Dairy Development Societies under the Agriculture (Dairy) Department of the Kerala Government. The contention of the Societies i.e. the appellant in W.A. No. 1132/99 and the respondent Society in W.A. Nos. 1426 & 1439 of 1999 is that Chapter XV is applicable only to classified societies under S.80(1) of the Cooperative Societies Act (in short Act) and Dairy Development Society is not classified under Appendix III as provided under R.182. S.80(1) to S.80(3) reads as follows:

"80. Officers, etc. of Co-operative Societies:

(1) The Government shall classify the societies in the State according to their type and financial position.

(2) The Government shall, in consultation with the State Co-operative Union, fix or alter the number and designation of the officers and servants of the different classes of societies specified in sub-s.(1).

(3) The Government shall, in consultation with the State Co-operative Union, make rules (either prospectively or retrospectively) regulating


























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