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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K.NARENDRAN, MURALEE KRISHNA S.
Shaji Mohan S/o Krishnankutty Panicker – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. procedural history and factual context of the writ petition. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 2. arguments regarding the constitutionality of rule 43c and no-confidence motions. (Para 12 , 13 , 14 , 15) |
| 3. historical development of kcs act provisions regarding managing committee removal. (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 4. constitutional status of co-operatives and democratic accountability mandates. (Para 25 , 26) |
| 5. judicial precedents affirming no-confidence procedures in co-operatives. (Para 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34) |
| 6. democratic right of general body to remove committees via no-confidence. (Para 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43) |
| 7. limited scope of judicial review on subordinate legislation and rule-making authority. (Para 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51 , 52 , 53 , 54) |
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-ope
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....
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....
Mere fact that the motion for no-confidence was passed pending the writ petition would not stand in the way of this Court considering the challenge against the validity of the convening of the Specia....
A Motion of No Confidence against a Managing Committee member must be considered by the Committee itself, not the Electoral College, as per the Maharashtra Co-operative Societies Act.
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 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....
The President's presence was not essential in the special meeting for a motion of no confidence, and the calculation of majority was clarified by the court.
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....
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