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ALEXANDER THOMAS, SHOBA ANNAMMA EAPEN
Part-Time Administrator, Adat Farmers Service Cooperative Bank Ltd. – Appellant
Versus
Vipin K. Hari – Respondent
JUDGMENT :
ALEXANDER THOMAS, J.
The instant intra court appeal has been instituted under Sec. 5(i) of the Kerala High Court Act, to impugn the judgment dated 10.8.2020, rendered by the learned Single Judge, disposing of the Writ Petition (Civil) WP(C). No. 9550/2020. The appellants herein are R-2 & R-3 in the WP(C). R-1 & R-2 in the appeal are the two writ petitioners and official respondent No.3 in the appeal is official respondent No.1 in the WP(C).
2. Heard Sri.P.C.Sasidharan, learned counsel appearing for the appellants in the W.A. [R-2 & R-3 in the WP(C)], Sri.George Poonthottam, learned senior counsel instructed by Ms.Hana Karnolia Madona Cyril, learned counsel appearing for R-1 & R-2 in the W.A. (writ petitioners) and Sri.Saigi Jacob Palatty, learned Senior Government Pleader appearing for official respondent No.3 in the W.A. (The Joint Registrar of Co-operative Societies).
3. It is the case of the two petitioners in the WP(C) that they are members of the appellant Co-operative Society and that, the Administrator of the said Co-operative Society has issued the impugned notic
The court reaffirmed that cooperative society membership is a personal right requiring statutory notice prior to removal, and that an administrator lacks authority to confer membership, ensuring adhe....
A member's disqualification in a cooperative society requires adherence to statutory procedures, and automatic cessation based on internal byelaws is not sufficient.
The general body of a co-operative society possesses an inherent democratic right to remove a managing committee through a no-confidence motion. Such a procedure, when codified in statutory rules, is....
The court establishes that the removal of a co-opted member from a cooperative society must adhere to Rule 43-A, failing which any subsequent actions are void.
The court established that under the Maharashtra Cooperative Societies Act, a cooperative society is obligated to accept all qualified membership applications, and any disputes regarding membership m....
The appointment of an administrator does not confer the power to induct new members, as it would disturb the democratic process and take away the supremacy of the general body.
The main legal point established is that a cooperative society cannot refuse admission to qualified individuals, and any dispute regarding membership can only be remedied by filing a dispute under Se....
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