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1998 Supreme(Ker) 467

Raghavan Nair – Appellant
Versus
Joint Registrar of Co-op. Societies – Respondent


Judgment :-

K.S. Radhakrishnan, J.

Question that has come up for consideration in these cases is whether the Administrator or Administrative Committee appointed by the Registrar of Co-operative Societies under S.32 or 33 of the Kerala Co-operative Societies Act has get power to effect appointment in a co-operative society.

2. The Kerala Co-operative Societies Act, 1969 was enacted to provide for the orderly development of the co-operative movement in the State of Kerala in accordance with the relevant directive principles of State policy enunciated in the Constitution of India. Various provisions of the Act disclose that the object and purpose of the Act is to permit a society registered under the Act to function as a body corporate having perpetual succession. Co-operative Societies functioning under the Act and Rules are not bodies created by the Act or under the Rules. They are bodies which owe their origin to their members, and that they are functioning only in accordance with the provisions of the Act, Rules and bye-laws framed. Full Bench of this Court in P. Bhaskaran v. Additional Secretary, 1987 (2) KLT 903 (FB) stated those bodies have got legal existence de hors the Act and




























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