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2013 Supreme(Ker) 961

K.VINOD CHANDRAN
Benny Peruvanthanam – Appellant
Versus
Kerala State Co-operative Consumer's Federation Ltd. rep. by its managing Director – Respondent


Advocates Appeared:
For the Petitioner:P. Ravindran, Sr. Advocate, M.R. Sabu, Advocate.
For the Respondent:Joy George, Standing Counsel, D. Somasundaram, Spl. Government Pleader, Sudhi Vasudevan, K. Pushpavathi, Jose Jones Joseph, Advocates, Raju Joseph, Sr. Advocate, J. Julian Xavier, Advocate.

JUDGMENT :

K. Vinod Chandran, J.

The question raised herein is whether the persons nominated by the Government under Section 31 of the Kerala Co-operative Societies Act, 1969 (hereinafter referred to as "the Act") to the Apex or Central Society is entitled to continue after the coming into force of Kerala Co-operative Societies (Amendment) Act, 2013 (hereinafter referred to as "the Amendment Act") in the teeth of the prohibition under sub-section (2A) of Section 31. It is also to be resolved as to whether if the above questions are answered in the negative, would S.R.O. No. 508/2013, issued by the Government under Section 101 of the Act, save the position in so far as permitting such nominees and office bearers to continue till the date of next elections.

2. Admittedly respondents 3 and 5, now alleged to be continuing as the President and Vice-President of the 1st respondent-Society, were nominated under the unamended Section 31 of the Act and were also elected to the aforesaid offices of the Board of the 1st respondent. While they were continuing, the Amendment Act came into force and the petitioner, who is the President of an Employees' Association of the 1st respondent, filed a com














































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