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2003 Supreme(Online)(Ker) 1630

KERALA HIGH COURT
A. Muhamed Mustaque, J
Alapuzha District Cooperative Bank Ltd. v. State of Kerala


1Cooperation among cooperatives is one of universally accepted cooperative principles. (See Karve Commission on Cooperative Principles - Report unanimously adopted in the Vienna Cooperative Congress in 1966). The statutory scheme and scope of cooperation between the District Cooperative Bank and the Primary Cooperative Societies in the respective revenue district, under the Kerala Cooperative Societies Act, 1969 is the subject matter of dispute in these cases.

2Constitutional validity of the Kerala Cooperative Societies (Amendment) Act, 2002 (Act 3 of 2002), hereinafter called the Amendment Act is the challenge in these Original Petitions. The petitions were originally filed at a time the Kerala Cooperative Societies (Amendment) Ordinance, 2002 (6 of 2002) was promulgated. The Ordinance came into effect from 4.5.2002, and the Act is given retrospective effect from that date. The impugned amendments pertain to (1) restoration of the status of District Cooperative Banks with membership open to any type of primary societies and federal and central societies having head quarters in the respective districts, as it stood prior to Act 15 of 1997; (2) the consequential amendment on the ce

































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