The introduction of new qualifications by amendment does not invalidate prior co-options already approved by relevant authorities.

JUDGMENT

The petitioners are the persons, who have been co-

opted as members of the Managing Committee of the 4^th respondent-Society in terms of the provisions contained in Section 28 (1G) of the Kerala Co-operative Societies Act , 1969 (hereinafter referred to as ‘the KCS Act’). The 5^th respondent raised Exhibit P7 complaint before the Registrar of Co-operative Societies against the co-option of the petitioners as members of the Managing Committee. By judgment dated 13.02.2024 in W.P.(C) No.1004 of 2024, Exhibit P7 was directed to be considered by the Registrar of Co-operative Societies. The Registrar of Co-operative Societies, by Exhibit P9 order, found the co-option of the petitioners in terms of the provisions contained in (1G) of the KCS Act is valid. The order of the Registrar of Co-operative Societies is dated 07.05.2024.

2. In the meanwhile, Kerala Co-operative Societies Rules , 1969 (hereinafter referred to as the ‘KCS Rules’) was amended and Rule 37A of the KCS Rules was introduced with effect from 31.12.2024, fixing qualifications for persons, who can be co-opted in terms of the provisions contained in Section

28(1G) of the KCS Act. The 5^th respondent thereupon petition before the 3^rd respondent (Joint Registrar of Co- operative Societies) praying that the petitioners be removed from the membership of the Managing Committee as they do not possess the qualifications prescribed by Rule 37A of the KCS Rules, which has been introduced with effect from 31.12.2024. The 5th respondent has also filed an appeal against Exhibit P9 order of the Registrar of Co-operative Societies before the Government under Section 83 (1)(j) of the KCS Act and the said appeal is pending consideration before the Government. On the petition filed by the 5th respondent alleging that the petitioners do not have the qualifications prescribed by Rule 37A of the KCS Rules, Exhibit P12 show cause notice has been issued to the petitioners, prompting the petitioners to approach this Court by filing the above writ petition.

3. Learned counsel appearing for the petitioners would submit that the co-option of the petitioners was in the month of January-2024 and the said co-option has already been found proper by the Registrar of Co-operative Societies through Exhibit P9 order. It is submitted that, the qualifications prescribed by Rule 37A of the KCS Rules, which was introduced only with effect from 31.12.2024, cannot affect the co-option of the petitioners in the month of January-2024 as there is nothing in Rule 37A of the KCS Rules, that will indicate that the qualifications apply to members, who have already been co- opted in terms of the provisions contained in Section 28 (1G) of the KCS Act. It is further submitted that when the co-option of the petitioners had already been approved by the Registrar of Co-operative Societies, the Joint Registrar of Co-operative Societies cannot seek to agitate the matter afresh only on account of the fact that qualifications had been prescribed for co-opted members in terms of a Rule introduced after the co- option of the petitioners. It is submitted that, the question as to whether the petitioners are required to have the qualifications prescribed by Rule 37A of the KCS Rules is also a matter that can be considered by the Government, while deciding Exhibit P10 appeal, which is pending against Exhibit P9 order.

4. Learned Senior Government Pleader and the learned counsel appearing for the 5^th respondent would submit that the question as to whether the qualification as prescribed by Rule 37A of the KCS Rules will apply to the petitioners is a matter that will have to be