IMPORTANT POINT
The agenda of the meeting of the Board of Directors of the 5th respondent Union, scheduled on 06.10.2018 is placed on record as Ext.R2(f)- The said meeting was adjourned to 22.10.2018 with some more items on the agenda, as evident from Ext.R2(g) additional agenda dated 22.10.2018- Neither in Ext.R2(f) nor in Ext.R2(g), the issue of filing a writ petition by the Board of Directors, challenging the constitutional validity of Ordinance of 2018 is included-No agenda was included in Ext.R2(f) or R2(g) to approach this Court against Ordinance of 2018, the Chairman has filed this writ petition without any authority-Writ petition is one filed without proper authorisation by the Board of Directors of the 5th respondent Union.

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, when this writ petition came up for admission, the learned Special Government Pleader sought time to file a statement.

3. On 07.11.2018, when this writ petition came up for consideration, third parties were impleaded as additional respondents 6 to 8, by the order in I.A.No.1 of 2018. The learned Special Government Pleader for the 2nd respondent and also the learned Standing Counsel for respondents 4 and 5 sought time to file counter affidavits and accordingly the matter was adjourned.

4. On 27.11.2018, by an order in I.A.No.2 of 2018, the Chairman of the Kerala Co-operative Milk Marketing Federation Ltd. (MILMA) was impleaded as the additional 9th respondent.

5. A counter affidavit has been filed by the 2nd respondent Director of Dairy Development, opposing the reliefs sought for in this writ petition. The 5th respondent Union and also the additional 7th respondent have filed counter affidavits.

6. I.A.No.3 of 2018 has been filed by third parties, seeking an order to implead them as additional respondents 10 to 12, which was allowed by the order dated 06.12.2018.

7. Heard the learned counsel for the petitioner, the learned Additional Advocate General appearing for respondents 1 to 3 and also the learned counsel/Standing Counsel for the respective respondents.

8. The Kerala Co-operative Milk Marketing Federation, the 4th respondent Federation, is the Apex Federation in a three-tier system implemented by the 1st respondent State, for procurement, processing and distribution of milk and milk products in the State. It has three Regional Co-operative Milk Producers Unions, including Malabar Regional Co-operative Milk Producers Union, the 5th respondent herein. The 5th respondent Union is having two types of membership; ordinary and nominal. Any registered Primary Milk Producers Co-operative Society working within the area of operation of the 5th respondent Union can be a member. The persons dealing with the 5th respondent Union, such as suppliers, contractors, selling agents, their sureties, etc. may be admitted by the Board to the nominal membership of the Union. They shall have voting rights. Clause 13.0 of Ext.P1 bye-laws of the 5th respondent Union stipulates that every member shall supply the commodities procured or pooled by it, with the exception of what is retained for local consumption within the area of operation of the member society, subject to a minimum quantity as fixed by the Board. As per Clause 13 of Ext.P1 bye-laws, the 5th respondent Union fixed the quantity of milk to be supplied to each society as 75 liters per day, vide Ext.P2 resolution No.15 dated 24.05.1997, which has been approved by the Department.

9. As per Clause 19.1 of Ext.P1 bye-laws, the Board of Directors of the 5th respondent Union shall consist of 14 members elected from among