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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Amit Rawal, J, K. V. JAYAKUMAR
State Of Kerala – Appellant
Versus
Joe Thomas – Respondent
| Table of Content |
|---|
| 1. overview of the amendments to the kerala co-operative societies act. (Para 1 , 2 , 3) |
| 2. constitutional provisions regarding co-operative societies and elections. (Para 4 , 5 , 6 , 7) |
| 3. discussion on the nature of the right to contest elections. (Para 8 , 9) |
| 4. challenge to the amendment restricting election terms for committee members. (Para 10) |
| 5. final judgment and order regarding the appeals. (Para 11 , 22) |
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 right to contest elections is a statutory right, not a fundamental right, and arbitrary term restrictions violate the autonomy of co-operative societies.
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....
Section 16B of KCS Act creates an ineligibility for a member of an APCOS to continue as an active member in certain circumstances, which are totally unique to such a type of society.
Point of law: A provision of the Act providing for a shorter period of limitation cannot be declared to be unconstitutional simply because in some of the Statutes a longer period of limitation has be....
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 main legal point established in the judgment is the violation of the petitioner's fundamental right to participate in the election process due to the inconsistency between Bye-law 24(viii) and Se....
The right to form a co-operative society encompasses the right to manage its employees, and any law infringing this right is unconstitutional.
The bye-laws governing elections within co-operative societies are valid and enforceable, as they regulate participation without infringing on voting rights, thereby promoting effective governance wh....
When a right is created by a statute, which itself prescribes the remedy or procedure for enforcing the right or liability, resort must be had to that particular statutory remedy before invoking the ....
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