Back
N. NAGARESH
Babu k. Korah, S/o. Korah chacko – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
1. The State Legislature enacted the Kerala Co-operative Societies (Amendment) Act, 2023 (Act 9 of 2024) in order to amend the Kerala Co-operative Societies Act, 1969. The amendments brought about by the Act 9 of 2024 touched various aspects of co-operative institutions including share capital contributions, financial status, partnership of Co-operative Societies, reservation of seats and eligibility for election to the Managing Committee, appointment of Administrative Committee, maintenance of accounts, adoption of common accounting software, constitution of a Co-operative Revival Fund Scheme, sanction of loans and advances, valuation of property, purchase of movable and immovable properties by the Societies, power of Government or Registrar to deal with irregularities and a number of other aspects which are important in the administration and governance of Co-operative Societies in Kerala. The petitioners are aggrieved by certain amendments thus effected as per the Act 9 of 2024.
2. The petitioners in these writ petitions are mostly office bearers of Managing Committees of various Co-operative Societies and members of such Societies.
3. The petitioners state that governme
The court declared Section 28(2A) of the Kerala Co-operative Societies Act, 1969 unconstitutional for violating democratic control and autonomy principles, affirming the right to form associations un....
The right to contest elections is a statutory right, not a fundamental right, and arbitrary term restrictions violate the autonomy of co-operative societies.
Legislative amendments to cooperative laws, ensuring deemed membership and equitable treatment among societies, upheld as valid under constitutional provisions, without infringing on court decisions.
The amendment allowing nomination of women to co-operative committees is constitutional, reinforcing women's participation while affirming that election is not the exclusive method for committee form....
The right to form a co-operative society encompasses the right to manage its employees, and any law infringing this right is unconstitutional.
The restriction on the number of directors in cooperative societies to 21 under Section 73AAA of the MCS Act is constitutional and does not violate Articles 14 or 19(1)(c) of the Constitution.
The restriction on designated officers serving beyond six years under Section 73-A(5) of the Maharashtra Co-operative Societies Act is constitutionally valid as it promotes democratic governance and ....
The Registrar's failure to consult the Circle Co-operative Union before superseding a Managing Committee violates Section 32(2) of the Kerala Co-operative Societies Act, rendering such actions invali....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
