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2019 Supreme(Ker) 345

DEVAN RAMACHANDRAN
V. R. Bhaskaran – Appellant
Versus
State Of Kerala – Respondent


Advocates Appeared:
For the Appellant : Sri.K.Ramakumar (Sr.), Smt.R.S.Aswini Sankar, Sri.G.Renjith, Sri.S.M.Prasanth, Sri.T.H.Aravind, Sri.T. Ramprasad Unni.
For the Respondent: Sri.M.Ramesh Chander, Sc, Smt.K.A.Sanjeetha, Sri.Balu Tom, Sri.Bijoy Joseph, Smt.C.S.Sheeja, Sr.Government Pleader, Sri.R.Lekshmi Narayan,Sc

JUDGMENT :

Among the provisions for the election and appointment of a Managing Committee of a Society in Section 28 of the Kerala Co-operative Societies Act ('KCS Act' for short), is also a stipulation that one seat must be reserved for members having a deposit of Rs.10,000/- and above. It is this provision on which the controversies in this case revolves.

2. As I have indicated above, since the answers to be given by this Court on the various contentions of the parties are edificed on the aforesaid stipulation contained in sub clause (IC) of Section 28 of the KCS Act, I deem it appropriate to extract the same as under.

“[(IC) Notwithstanding anything contained in the bye-laws of a Primary Credit Society or an Urban Co-operative Society, one seat in the committee of each such Society shall be reserved for the members having a deposit of ten thousand rupees and above]”

3. As is ineluctable from the above extracted provision, the mandate of the KCS Act is that whatever be the stipulations in the bye-laws of a Society, being a Primary Credit Society or an Urban Co-operative Bank, one seat in its Managing Committee shall be reserved for members having a deposit of Rs.10,000/- and above. It
















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