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2025 Supreme(Ker) 1999

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Amit Rawal, J, K. V. JAYAKUMAR
State Of Kerala – Appellant
Versus
Joe Thomas – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI. K.GOPALAKRISHNA KURUP (AG), SRI. T.K VIPINDAS (SR.GP), SRI. P.P THAJUDEEN (SPL.GP), SRI. N.MANOJ KUMAR (STATE ATTORNEY), SRI. IMAM GRIGORIOUS KARAT (GOVT. PLEADER),
For the Respondent: SRI. C.M NAZAR

JUDGMENT

Amit Rawal, J.

This order shall dispose of thirty three (33) Intra Court appeals preferred by the State of Kerala against the judgment of the Single Bench wherein the respondent- petitioner had challenged the various amendments caused in the Kerala Co-operative Societies Act, Act No.9 of 2024 by inserting Section 14AA, Section s.28 (2A), 32, 33, 34A, 56, 57E and was successful viz-a-viz striking down the amendment in sub Section 2A of Section 28 and challenge with regard to the remaining amendment of the Act No.9 of 2024 under the Kerala Co-operative Societies Act did not find favour.

2. Thus we are only confined to the portion of the order starting from paragraphs 36 to 56 of the judgment under challenge pertaining to the findings of the Single Bench on the amendment introduced by sub Section 2 A of Section 2 8 of the Act. The amendment caused by introduction of sub Section 2 A of Section 2 8 inserted by Act No.9 of 2024 reads as under:

2A) Notwithstanding anything to the contrary contained in the Act, rules or in the bye-laws of a credit society, no member of the Committee of a society shall be eligible for election to the Committee for more than three consecutive terms, irr

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