Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
K.Babu
C.T. Sajith – Appellant
Versus
State Of Kerala Represented By Secretary To Government, Department of Co-Operation – Respondent
| Table of Content |
|---|
| 1. overview of the parties and reliefs sought. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments on removal of co-opted member. (Para 8 , 9 , 10 , 11 , 12) |
| 3. court analysis on procedural legality and powers. (Para 13 , 15 , 16 , 17 , 19 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34) |
| 4. final judgment and outcome of the cases. (Para 35) |
JUDGMENT :
K. Babu, J.
These Writ Petitions are disposed of by way of a common judgment, as the subject matter is the same. The petitioner in W.P(C) No.46208/2024 is respondent No.2 in W.P(C) No.24928/2025. Respondent No.3 in W.P(C) No.46208/2024 is petitioner No.1 in W.P(C) No.24928/2025. Respondent No.5 in W.P(C) No.46208/2024 is petitioner No.2 in W.P(C) No.24928/2025. Respondent No.2 in W.P(C) No.46208/2024 is respondent No.1 in W.P(C) No.24928/2025.
2. In W.P(C) No.24928/2025, the petitioners seek the following reliefs:
“i. Issue a writ of certiorari to call for the records leading up to Exhibit P14 and to quash the same;
ii. Issue a writ declaring that the proceeding in its entirety is an abuse of the process of law and therefore vitiated;
iii. Issue a writ declaring that the exercise of power by the 1st respondent in res
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 enforcement of a no-confidence motion against a managing committee is valid under the Kerala Co-operative Societies Act, despite the absence of specific procedural rules, reinforcing the democrat....
The Assistant Registrar of Cooperative Societies lacks jurisdiction over election disputes, which must be adjudicated by the Cooperative Election Commission per the relevant regulations.
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....
Disqualification of committee members requires clear show cause notices, and alternative remedies must be exhausted before seeking writ relief, affirming the importance of natural justice in administ....
Removal of a managing committee under Section 78A of the Maharashtra Cooperative Societies Act requires clear evidence of misconduct and proper procedural compliance.
The Registrar's power under Section 38(1) of the Act of 1965, the distinction between Section 38 and Rule 454, and the requirement of notice and principles of natural justice in the context of the Re....
Ex parte Order - Review of order of appellate authority - Power under Section 152 of Code are neither to be equated with power of review nor can be said to be akin to review or even said to clothe th....
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
