The general body of a co-operative society possesses an inherent democratic right to remove a managing committee through a no-confidence motion. Such a procedure, when codified in statutory rules, is constitutionally valid and consistent with the principles of democratic accountability and autonomy in co-operative institutions.

ORDER :

1. One of the reliefs sought for in W.P.(C)No.15817 of 2025 is a declaration that the amendment made to Kerala Co-operative Societies Rules, 1969, by the Kerala Co-operative Societies (Amendment) Rules, 2025, by adding Rule 43C, is unconstitutional and against the scheme under which election to the managing committee of a co-operative society is held, and it is arbitrary and bad in law. In the order dated 06.10.2025, the learned Single Judge observed that the challenge made to Rule 43C of the, as amended by the Kerala Co- operative Societies (Amendment) Rules, 2025, involves a question of law which is of public importance, for being heard and determined by a Bench of two Judges, in view of the law laid down by a Larger Bench of this Court in Babu Premarajan v. Superintendent of Police,  2000 (3) KLT 177. Therefore, by the order dated 06.10.2025, the learned Single Judge adjourned the writ petition for being heard and determined by a Bench of two Judges and directed the Registry to place the matter before the Hon’ble the Chief Justice for appropriate orders. When the matter was placed before the Hon’ble the Chief Justice, on the administrative side, it was ordered to be posted before the Division Bench headed by one among us [Anil K. Narendran, J.], by the order dated 28.10.2025.

2. The petitioner, who is the elected President of the managing committee of the Kerala State Co-operative Agricultural and Rural Development Bank Ltd. (for brevity, ‘the Society’), which is an ‘apex society’ as defined in clause (a) of Section 2 of the Kerala Co-Operative Societies Act, 1969 (for brevity, ‘the KCS Act’), has filed W.P.(C)No.15817 of 2025, invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Exts.P6 order dated 09.04.2025 of the 2^nd respondent Registrar of Co- operative Societies, whereby the 3^rd respondent Additional Registrar (Credit) in the office of the Registrar of Co-operative Societies is authorised to convene a general body for the consideration of a no-confidence motion dated 04.04.2025 moved by 29 members of the Society; Ext.P7 notice dated 08.04.2025 issued by the 3^rd respondent regarding the general body scheduled to be held on 24.04.2025; and Ext.P8 communication dated 09.04.2025 issued by the 3^rd respondent, addressed to the Managing Director of the Society, to publish/affix Ext.P6 order and Ext.P7 notice in the notice board of the Society and issue copy of the same to the members of the Society by registered post with acknowledgement due; a writ declaring that the delegate of a member society cannot be equated to the status of a member for moving a no-confidence motion, as provided in Ext.P5 notification dated 02.04.2025, i.e., the Kerala Co-operative Societies (Amendment) Rules, 2025, whereby Rule 43C was added after Rule 43B of the Kerala Co-operative Societies Rules, 1969 (for brevity, ‘the KCS Rules’); a writ declaring that the amendment made to the KCS Rules, as per Ext.P5 notification dated 02.04.2025, is unconstitutional and against the scheme under which election to the manag