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2023 Supreme(Ker) 728 ; 2023 Supreme(Ker) 729

GOPINATH P.
U. A. Lathif MLA – Appellant
Versus
State of Kerala, Represented by the Secretary to Government, Department of Co-operation, Government Secretariat – Respondent


Advocates Appeared:
For the Petitioner: George Poonthottam (SR.), Arun Chandran, Nisha George, A.L. Navaneeth Krishnan, Sidharth R. Wariyar.
For the Respondents: Sri. K. Gopalakrishna Kurup (AG), Sri. P.P. Thajudheen SPL GP), Premsankar R., Sri. E.S.M. Kabeer, SC, Malappuram Dist. Co-S. Manu, K.P. Sujesh Kumar, P.C. Sasidharan, Smt. Sumati Dandapani (Sr. Adv), Millu Dandapani, Sri. Athul Shaji.

JUDGMENT :

[WP(C) Nos.28650/2021, 12/2023, 173/2023, 4215/2023]

W.P.(C) N0s.28650/2021, 173/2023 and 4215/2023 have been filed by the former President and Vice President of the erstwhile Malappuram District Co-operative Bank while W.P.(C) No.12/2023 has been filed by 93 individuals stated to be Presidents of Primary Agricultural Credit Societies and Urban Co-operative Banks which were members of the Malappuram District Co-operative Bank. They challenge the constitutional validity of Section 14A of the Kerala Co-operative Societies Act, 1969 (hereinafter referred to as the 1969 Act), which was incorporated by the Kerala Co-operative Societies Amendment Act, 2019 (Act 1 of 2019) as also the provisions of Section 74H of the 1969 Act as amended by the Kerala Co-operative Societies (Amendment) Act, 2021. Consequently, there is also a challenge to the order passed by the Registrar of Co-operative Societies in terms of the provisions contained in Section 74H of the 1969 Act amalgamating the Malappuram District Co-operative Bank with the Kerala State Co-operative Bank. The grounds taken

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