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2022 Supreme(Ker) 755

A. K. JAYASANKARAN NAMBIAR, MOHAMMED NIAS C. P.
A. Krishnan, S/o. Kumhan – Appellant
Versus
Kerala State Co-operative Marketing Federation Ltd. – Respondent


Advocates Appeared:
For the Appellant : Sri. P.K. Suresh Kumar (Sr.), Sri. Rinny Stephen Chamaparampil.
For the Respondent: Sri. Ashok M. Cherian, Addl. Adv. General, Sri. P.P. Thajudheen, Government Pleader, Sri. B. Ashok Shenoy, Sri. N.N. Sugunapalan (Sr.), Sri. S. Sujin, Sri. P.S. Gireesh.

JUDGMENT :

A.K. Jayasankaran Nambiar, J.

1. The petitioner in W.P.(C).No.14176 of 2020 is the appellant herein, aggrieved by the judgment dated 28.7.2021 of the learned Single Judge in the writ petition. The brief facts necessary for disposal of the Writ Appeal is as follows :

The appellant/writ petitioner is a member of the South Wayanad Co-operative Rubber & Agricultural Marketing Society, which is a Co-operative Society registered under the Kerala Co-operative Societies Act, 1969. It is affiliated to the Kerala State Co-operative Marketing Federation Limited [MARKETFED], which is the Apex Society in relation to the Primary Society aforementioned. As per the bye-laws of the MARKETFED, that are produced as Ext.P2 in the writ petition, the Managing Director had to be appointed by the Board of Directors in consultation with the State Government. The Subsidiary Rules and Service Regulations of MARKETFED, that were framed by the Board of Directors in exercise of their powers under the bye-laws, and which were approved by the Registrar of Co-operative Societies, in terms of the Kerala Co-operative Societies Act, the Managing Director of the Society had to be appointed by deputation of an

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