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2021 Supreme(Ker) 537

P.V.KUNHIKRISHNAN
T. H. MUSTHAFFA – Appellant
Versus
STATE OF KERALA – Respondent


Advocates Appeared:
For The Appellant : GEORGE POONTHOTTAM, ARUN CHANDRAN, SMT.NISHA GEORGE
For The Respondent: P.V.BABY, SMT.SHEEJA.C.S.,

JUDGMENT :

These two writ petitions are connected and therefore, I am disposing of these two writ petitions by a common judgment.

2. The petitioners herein are the members of Alwaye- Kunnathunad Co-operative Rubber Marketing Society Limited No.E- 221, Perumbavoor of Ernakulam district (for short 'society'). The main business of the society is procurement and sale of latex and rubber produces such as rubber sheets. The bye-law of the society is produced as Ext P16 in WP(C)No.13951 of 2018. Clause 27 of the bye-law of the society deals with the sale of rubber. The Board of directors can frame a subsidiary bye-law for the business as per this clause. As per clause 21 of the bye-law, the decisions in connection with the purchasing and marketing duty of the society are done by a purchasing and marketing committee which consists, four members of the Managing Committee. Following clause 27 in the bye-law, the Managing Committee by way of resolution bearing No.95 dated 18.12.1995 framed a subsidiary bye-law, regarding the manner in which the purchasing and marketing committee should function. Ext P2 in WP(C)No.10982 of 2020 is Resolution No.95 dated 18.12.1995. The entire purchase and market

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