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PRADEEP U. R. – Appellant
Versus
KERALA STATE CO-OPERATIVE ELECTION COMMISSION, THIRUVANANTHA PURAM – Respondent
Ramachandra Menon, J.
Scope of amendment to the Kerala Co-operative Societies Act, 1969 [Act 29 of 1969] by introducing Section 16A and Section 19A as per the Kerala Co-operative Societies (Amendment) Act, 2013 [Act 8 of 2013] and to Kerala Co-operative Societies Rules, 1969 by introducing Rule 18A as per the Kerala Co-operative Societies (Second Amendment) Rules, 2014, in so far as the rights and liberties of members to continue as members of a Co-operative Society and to exercise their right as a member, including the right to vote in the election to the Board of Directors; forms the subject matter of challenge in these cases.
2. When one group asserts that the amendment cannot have any retrospective effect and will come into play only after two years from the date of commencement of Rule 18A prescribing the requirements, the other group contends that the provisions have come into operation 'at once', as given in the amended provisions of the Act/Rules and as such, the voters' list has to be pruned, based on the qualification of members as per the amended provisions. The newly amended provisions of the Act (Section 16A and Section 19A) were brought into effect from 14.02.
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The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
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The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
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