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2012 Supreme(Ker) 600

C.N.RAMACHANDRAN NAIR, C.K.ABDUL REHIM
Kumarakom Lime Shell, Co-Operative Society Ltd – Appellant
Versus
State of Kerala rep. by Secretary Department Co-Operative Societies – Respondent


Advocates appeared:
For the Appellant:P.V. Babu, A.N. Santhosh, Advocates.
For the Respondents: D. Somasundaram, Government Pleader.

JUDGMENT :-

C.N. Ramachandran Nair, J.

1. Tenure of the managing committee of the appellant society will be over by 12-09-2012. Therefore a resolution was passed by the managing committee in terms of Rule 35 requesting the Joint Registrar to conduct election on 09-09-2012. However, resolution was returned for the reason that the election proposed is without any seat reserved for women which is a violation of Section 28A of the Co-operative Societies Act. When this was challenged before the learned Single Judge, the Single Judge gave time to pass fresh resolution consistent with Section 28A which obviously means that the society has to enroll women members to provide for their representation. It is against this judgment writ appeal is filed. We have heard counsel appearing for the appellant and special Government Pleader for respondent.

2. Representation for woman in the managing committee of every society is mandatory under Section 28A of the Co-operative Societies Act. Obviously Section pre-supposes that women are also stakeholders in every society in as much as there are depositors, borrowers and also employees from women. However, appellant is a peculiar society in as much as its


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