The court directed the respondents to allow the petitioner to fulfill statutory compliance requirements under the Companies Act, following the principles established in previous similar judgments, rather than adjudicating on the constitutional challenges to the Nidhi rules at the current stage.

J U D G M E N T

Heard Sri.Ebin Mathew, the learned counsel for the petitioner, as well as Sri. P. Sreekumar, the learned Additional Solicitor General of India on behalf of the respondents herein.

2. The petitioner has filed the captioned writ petition seeking the following reliefs:

“1. To call for the entire records that lead to passing of exhibit P- 8 rejection order and quash the same by the issuance of a writ of certiorari or by any other writ direction or order.

To declare that the amendment made to S.406 of the Companies Act as unconstitutional as it violates Art.14, 19 and 21 of the Constitution.

2. To declare Rule 3A and 23A of the Nidhi Rules, 2014 as unconstitutional so far it violates the fundamental rights of the petitioner company under Art.14, 19 and 21.

3. To direct the 3^rd respondent to reconsider application filed for declaration in form NDH-4 (Exhibit P5) after affording an opportunity of hearing to the petitioner.

4. To pass any other order or directions this hon’ble Court deems fit and proper in the facts and circumstances of the case.”

3. Prima facie, the issue arising for consideration seems to be considered and decided by the judgment of this Court in Annamanada Gramakshemam Nidhi Limited v. Union of India [2024 KHC OnLine 356].

4. In such circumstances, I am of the opinion that this writ petition also require to be disposed of, in terms of the directions issued in the judgment at Ext.P13.

5. At this juncture, Sri. P. Sreekumar, learned Additional Solicitor General of India, submits that the petitioner has not complied with the statutory requirements under the Companies Act and that the petitioner is to be directed to comply with the mandate under the provisions of the Companies Act.

6. The learned counsel for the petitioner, in the reply, submits that the petitioner is ready and willing to comply with the statutory requirements. To facilitate such compliance, it is submitted that the petitioner may be enabled to access the online facilities provided by the respondents.

7. There will be a direction to the respondents, accordingly, so that the petitioner can effect the statutory compliance.

This writ petition is disposed of as above.