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ASHOK BHUSHAN, A.M.SHAFFIQUE, A.V.RAMAKRISHNA PILLAI, A.HARIPRASAD, A.K.JAYASANKARAN NAMBIAR
Association of Milma Officers‚Thiru-vananthapuram – Appellant
Versus
State of Kerala – Respondent
Key Points: - The judgment discusses maintainability of writ petitions under Article 226 against Co-operative Societies under Kerala Co-operative Societies Act, 1969. (!) - It holds that writ petitions are maintainable against Co-operative Societies only in specific circumstances such as violation of statutory provisions or public duty. (!) - It clarifies that when there is no breach of statutory or public duty, writ petitions against Co-operative Societies are not maintainable. (!) - It approves John and Bhaskaran jurisprudence to define the reach of Article 226 and its application to non-state bodies performing public duties. (!) (!) - It states that a Co-operative Society is not automatically an Article 12 "state," and writs under Article 226 can lie even if not under Article 12 if public duty or statutory violation is involved. (!) (!) - It emphasizes the broad, flexible scope of Article 226 to enforce statutory obligations and public duties, and rejects rigid limitations. (!) (!) - It notes that Staff Regulations of a Co-operative Society, if non-statutory, do not by themselves render writ petitions maintainable. (!) (!) - It concludes with dismissal of the present writ petition as not maintainable under Article 226. (!)
Ashok Bhushan, J. :
” This Larger Bench has been constituted to answer the reference made by a three Judge Bench vide referring order dated 09-01-2012. The Division Bench which heard the writ petition, in turn, made a reference by their order dated 18-10-2010 on which a three Judge Bench was constituted. It is useful to quote the reference order of the three Judge Bench dated 09-01-2012 which is to the following effect.
' Pursuance to reference made by a Division Bench of this Court, this case is posted before us today. We notice from the reference order that the Bench which referred the matter does not consider the Division Bench judgment in W.A.No.206/1982 and the decision reported in Bhaskaran & others v. Addl. Secretary & others, reported in 1987(2) KLT 903 : (AIR 1988 Ker 75) declaring that Co-operative Societies are not amenable to writ jurisdiction do not appear to be correct. In the reference order itself they have referred to decision of the Supreme Court in S.M.V.S.J.M.S.Trust v. V. R. Rudani reported in AIR 1989 SC 1607 and later decision of this Court in Secretary, Cannanore District Muslim Educational Association v. State of Kerala, reported in ILR 2010(2) Ker
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