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2024 Supreme(Online)(KER) 19453

HIGH COURT OF KERALA
N. NAGARESH, J
SANTHOSH V – Appellant
Versus
STATE OF KERALA – Respondent


JUDGEMENT

Dated this the 10th day of July, 2024 The petitioner is a Dairy Farmer and the President of the Edayazham Ksheerolpadaka Co-operative Society. The Society is governed by the provisions of Ext.P2 bye-law. The petitioner obtained membership in the Society in the year 2016 and thereafter, he has been regularly supplying milk to the Society. In the year 2017, the petitioner was elected to the Board of Directors of the Society. On 26.05.2022, the petitioner was unanimously elected as the President of the Society and has been continuing in the post till date.

2.As per the terms of Ext.P2 bye-law, those Dairy Farmers who have supplied milk for 180 days or 500 liters in the preceding year can only get active membership of the Society. In 2023, the 2nd respondent issued Ext.P3 Circular whereby the eligibility criteria for getting active membership of the Milk Societies in the State has been changed. As per Ext.P3, those farmers who have supplied milk of 500 liters within 180 days alone are eligible for active membership.

Anyhow, Ext.P2 bye-law of the Society is not so far amended in line with Ext.P3 Circular.

3. Based on the false complaint of the 5 th respondent, the 3rd respondent i

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