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1999 Supreme(Ker) 357

K.K.USHA, K.NARAYANA KURUP, R.RAJENDRA BABU
Cherthala Agrl. RJX Bank – Appellant
Versus
Joint Registrar – Respondent


Judgment :-

K.K. Usha, J.

In Hassan v. Joint Registrar of Co-operative Societies, 1998 (2) KLT 746, a Full Bench of this Court took the view that the power given to the administrator under sub-s.(4) of S.32 of the Kerala Co-operative Societies Act, 1969 to exercise all or any of the functions of the committee would not take in the power to enroll new members to the society. One of the issues raised in O.P. No. 22185/98 and O.P. No. 602/99 is whether the above mentioned judgment of the Full Bench would operate retrospectively or not. A learned Single Judge before whom the above mentioned Writ Petitions came up for hearing found that in very many cases administrators having given membership to several persons and in certain cases such members have contested previous elections as well. It was also found that various members admitted by the administrators had obtained loans from the societies and are enjoying the benefit of membership for over many years. If it is declared that those members arc not eligible to continue as members, that will adversely affect the interest of the society as well. The learned judge felt that since question involved is interpretation of the effect of the ju

































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