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HIGH COURT OF KERALA
P. B. Suresh Kumar, C.S. Sudha, JJ
K.SIVADASAN NAIR – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. challenge to no-confidence motion against managing committee. (Para 2 , 3) |
| 2. constitutional underpinnings surrounding democratic governance in cooperatives. (Para 4 , 5 , 6) |
| 3. argument against the enforceability due to absence of rules. (Para 7 , 10) |
| 4. need for rules governing no-confidence procedure corroborated by historical precedent. (Para 11 , 12 , 18) |
JUDGMENT
P.B.Suresh Kumar, J.
This writ appeal is directed against the judgment dated 27.01.2022 in W.P.(C) No.5 of 2022. The appellants were the petitioners in the writ petition.
2. The third respondent is an apex society registered under the Kerala Co-operative Societies Act , 1969 (the Act). Its general body consists of 76 primary societies. The appellants represent two among the members of the third respondent in its general body and have been elected in that capacity to the Managing Committee of the third respondent as well. On 30.10.2021, a no confidence motion was moved by two other members of the third respondent against its Managing Committee and a notice requiring convening of a general body to consider the no confidence motion was given by 31 other members of the third respondent to the Registrar. On 13
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