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1992 Supreme(Ker) 285

PAREED PILLAY
Jose – Appellant
Versus
Registrar of Co-operative Societies – Respondent


Judgment :-

Petitioners are A class members of Avinissery Powerloom Industrial Co-operative Society Limited registered under the Co-operative Societies Act, its activities being confined to Avinissery Panchayat. Petitioners became A Class members having paid Rs.100/- to the Society. Membership amount was later enhanced to Rs.5,000/- for A Class members as per amended Clause 4(a) of the byelaws of the Society. The amendment came into effect on 28-11-1987.

2. Administrator (3rd respondent) issued notice Ext.P-1 for election to the Committee of the Society. A draft list of voters was published-Petitioners and others filed objections. In the draft list names of the petitioners and 56 others were seen excluded. Contention of the petitioners is that without considering the objections original voters' list was published. The result of it is that only half of the original members are entitled to vote. Petitioners contend that the enhancement of the share in the Class A category has no application to them as they are already members of the Society.

3. The short question that arises for consideration is whether those who became members before the amendment are in any way bound to pay the enhan




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