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2018 Supreme(Ker) 829

ANIL K.NARENDRAN
Board of Directors of The Malabar Regional Co-Operative Milk Producers Union Ltd. D 89(D) – Appellant
Versus
State of Kerala Represented By The Secretary To Government – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri.T.R.Harikumar Sri.Adithya Rajeev Sri.Arjun Raghavan Sri.Jaiby Paul Advs.
For the Respondent:Sri.Ranjith Thampan, Addl. Advocate General Smt.Latha Anand Sri.M.Sasindran Sri.P.C.Sasidharan Sri.Arjun Rajachandran Sri.Joseph Sebastian (Parackal) Advs.

JUDGMENT :

1. The petitioner, the Board of Directors of Malabar Regional Co-operative Milk Producers Union Ltd., represented by its Chairman, has filed this writ petition under Article 226 of the Constitution of India, seeking to declare as unconstitutional subsection (1K) of Section 28 of the Kerala Co-operative Societies Act, 1969 as inserted by the Kerala Co-operative Societies (3rd Amendment) Ordinance, 2018, vide Ext.P8 Gazette notification dated 05.10.2018, to the extent it results in the conduct of election to the Managing Committee of the 5th respondent Union in each revenue districts within its jurisdiction, separately. The petitioner has also sought for a writ of certiorari to quash Ext.P7 communication dated 17.10.2018 issued by the 2nd respondent Director of Dairy Development, whereby the 5th respondent Society is asked to convene a general body meeting for the purpose of amending Clause 19.1 of Ext.P1 bye-laws, in consistent with the provisions under Ordinance of 2018, in view of Section 13A of the Kerala Co-operative Societies Act, within 30 days.

2. On 31.10.2018,
















































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