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2022 Supreme(Ker) 60

SATHISH NINAN
K. Sivadasan Nair – Appellant
Versus
State Of Kerala, Represented By The Chief Secretary – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: George Poonthottam (Sr.), Nisha George, Arun Chandran, Madona Raj, Advs.
For the Respondent: Sri. P.P. Tajudheen, Government Pleader, M. A. Asif, Spl. Govt. Pleader, N. Raghuraj, P. Ravindran (Sr.), M. Sasindran, Sayujya, Sreedhar Ravindran, Sreehari Indukaladharan, Advs.

JUDGMENT :

    (a) Is there any provision under the Kerala Co-operative Societies Act (hereinafter referred to as “KCS Act”) enabling a no-confidence motion be moved against the Managing Committee of a Society?

(b) Is that part of Section 33 of the KCS Act providing for moving of a no-confidence motion against the Managing Committee, a dead letter, applying the doctrine of desuetude?

(c) In the absence of any Rules prescribing the procedure for moving a motion of no-confidence against a Managing Committee in terms of Section 33 of the KCS Act, is not the statutory provision unenforceable/sterile?

(d) Does the Registrar have the power to summon a Special General Body under Section 30(3) of the KCS Act for considering a motion of no-confidence against a Managing Committee?

(e) Can the Registrar summon a General Body under Section 33 of the KCS Act without requisition from the prescribed number of members in terms of Section 30(1)?

(f) Can the delegatee of the Registrar further delegate the power under Section 30(3) of the KCS Act to summon a Special General Body Meeting?

“No” is the answer to all the questions and hence the motion of no-confidence sought to be moved against the Managing Committ

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