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IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
S ABDUL LATHEEF – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. co-option is done as per section 28(1g) of the kcs act. (Para 1) |
| 2. amended rules challenge prior qualifications for continued membership. (Para 2) |
| 3. legal interpretation of qualifications affecting co-op members needs clarification. (Para 3 , 4 , 5) |
| 4. court stresses the appeal process regarding qualifications is critical. (Para 6 , 7) |
JUDGMENT
The petitioners are the persons, who have been co-
opted as members of the Managing Committee of the 4th 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 5th 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.
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