AI Overview...
Section 23 of Cooperative Societies Act 1964 - Expulsion of Members Writ Petition
Main Points and Insights
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Procedure for Expulsion: Section 23(2) of the Cooperative Societies Act, 1964, mandates that expulsion of members must be preceded by proper notice and an opportunity to be heard. This procedural requirement is considered mandatory to ensure fairness (IND_HC_KLHC010449332015, IND0000162888, IND000016406).
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Legal Challenges: Writ petitions challenging expulsions often focus on violations of the prescribed procedure under Section 23. Courts have consistently held that failure to adhere to the mandatory procedural safeguards renders the expulsion illegal (IND000016406, IND000014189).
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Validity of Rules: Rules framed under the Act, such as Rule 176 of Kerala Co-operative Societies Rules, 1969, and others, have been upheld as valid, provided they do not violate constitutional principles or statutory provisions. The courts have emphasized that these rules are within the powers conferred under the Act (IND0000162888, IND000035880).
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Judicial Approach: Courts tend to favor maintaining the autonomy of cooperative societies while ensuring procedural fairness. They have dismissed writ petitions where procedural violations are evident and have upheld the validity of expulsion procedures when compliant with statutory requirements (INDTEL00000157784, IND000014189).
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Case Law and Precedents: The Kerala High Court and other jurisdictions have clarified that members have a statutory right to be heard before expulsion. Any decision made in violation of this right is liable to be quashed (IND000014189, IND000035880).
Analysis and Conclusion
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The expulsion of members under Section 23 of the Cooperative Societies Act, 1964, is subject to strict procedural safeguards, primarily the service of notice and an opportunity to be heard. Non-compliance with these requirements renders the expulsion illegal and susceptible to judicial review via writ petitions.
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Courts have upheld the validity of rules and procedures framed under the Act, provided they conform to statutory and constitutional standards.
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Writ petitions challenging expulsions are often dismissed when procedural violations are established, affirming the importance of fairness in internal disciplinary actions of cooperative societies.
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References:
- Telangana Co-operative Societies Act, 1964 (INDTEL00000157784)
- Kerala Co-operative Societies Act, 1969 (IND_HC_KLHC010449332015)
- Rules under Kerala Co-operative Societies Rules, 1969 (IND000035880)
- General jurisprudence on natural justice and procedural fairness (IND000016406, IND000014189)
In summary, Section 23 of the Cooperative Societies Act, 1964, establishes a clear procedural framework for the expulsion of members. Writ petitions challenging such expulsions are typically based on procedural violations, with courts emphasizing the mandatory nature of these safeguards to protect members' rights.
Search Results for "Section 23 of Cooperative Societies Act 1964 Expulsion of Members Writ Petition"
2024 Supreme(Online)(TEL) 22632 • India - High Court of Telangana
T. MADHAVI DEVI, J
(A) Telangana Co-operative Societies Act, 1964 - Sections 19, 21, and 23 - Writ petition challenging interim order of Telangana Cooperative ... ... ... Result: Writ petition dismissed. ... passed by the bank's general body - The court emphasized that the disqualification under Section 21 is valid when a member fails ... Learned counsel for the petitioner relied upon the Rule #H....
1993 0 Supreme(Cal) 459 • India - Calcutta
N.K.BHATTACHARYYA
ISLANDS COOPERATIVE SOCIETIES REGULATION, 1973 - SECTION 26 - BYE-LAW 19(1) - ULTRA VIRES. ... Cooperative Societies Regulation, 1973, and Rule 27 of the Andaman and Nicobar Islands Cooperative Societies Rules, 1974. ... Societies Regulation, 1973, and Rule 27 of the Andaman and Nicobar Islands Cooperative Societies Rules, 1974? ... The decisions of the Andhra Pradesh high Court are in connection with Sec....
2015 Supreme(Online)(KER) 7755 • India - High Court of Kerala
ASHOK BHUSHAN, CJ, A.M.SHAFFIQUE, J
Co-operative - Expulsion - Kerala Co-operative Societies Act, 1969: Sections 17, 28AB, Rule 176 - The court interpreted Section ... They challenged the expulsion proceedings in a writ petition, which was initially ruled in their favor by a learned Single Judge. ... Issues: The main issues were the maintainability of the writ petition against expulsion, the jurisdiction of the committee ... Declar....
1992 0 Supreme(AP) 521 • India - Andhra Pradesh
B.SUBHASHAN REDDY
Held : The rule is valid In the cooperative movement, the members ... Co-operative Societies Rules, 1964, is perfectly within the rule-making power and conferred under Section 130 of A. P. Co-operative Societes Act, 1964. Viewed from any angle the challenge made to the rule in question is unsustainble and this writ petition is devoid of any merits. ... ... ( 1 ) IN this writ petition#HL....
1991 0 Supreme(AP) 12 • India - Andhra Pradesh
S.PARVATHA RAO
AP COOPERATIVE SOCIETIES ACT, 1964, Sec23 (2) - Expulsion of some members of a Cooperative Society only after service of notice of ... 23 of the Act provides for procedure to be followed by a Cooperative Society for expulsion of members The said procedure is mandatory ... a mandatory requirement and in the absence of such an Opportunity explicitly being given to each of the #HL_S....
2013 0 Supreme(AP) 994 • India - Andhra Pradesh
A.RAMALINGESWARA RAO
Co-operative Societies Act 1964 - Sections 21 and 23 - Removal of members from society on incurring disqualification for their failure ... ... Section 23 of the Act, deals with expulsion of members and it reads as follows:- ... Section 23: Expulsion of Members:- ... (1) Any member who has acted adversely to ....
2015 0 Supreme(Ker) 1035 • India - Kerala
ASHOK BHUSHAN, A.M.SHAFFIQUE
Kerala Co-operative Societies Act 1969 - Sections 17( 1) & 17( 2) - Rules Co-operative Societies Rules 1969 ... - Rule 18 - Statutory violation - Expulsion from primary membership of the Co-operative Society -Power of the general body to expel ... a member - Held, Rule 176 is to annihilate an autonomous institution which enjoins a constitutional status cannot be accepted. ... Declare that a member has got a statutory right of making representation before exp....
2020 0 Supreme(Telangana) 815 • India - Telangana
KUNURU LAKSHMAN
The 3rd respondent refused to register the society under the TMACS Act, leading to the present writ petition. ... Cooperative Society - Registration under TMACS Act - Proceedings dated 24.03.2017, 18.12.2018, G.O.Ms. ... It directed the 3rd respondent to register the society under the TMACS Act within a month. ... Cooperative Societies Act, 1964, and (2) Byelaws framed are as per the provisions of the Telangana #HL....
2009 0 Supreme(Bom) 1278 • India - Bombay
SWATANTER KUMAR, D.D.SINHA, PRASANNA B.VARALE
Subsequently this doctrine found a fruitful field of application in protecting members and officers of trade unions from unfair expulsion ... Natural Justice - Where a member of a mutual fund insurance society was purportedly expelled for suspicious conduct, the expulsion ... The principle was extended beyond the sphere of administrative law, to such bodies as societies and clubs. ... Hate and others (Writ Petition No. 5633 of 1986) vide order dated 8th December 1986,....
1996 0 Supreme(Bom) 588 • India - Bombay
R.M.LODHA
Section 26-Maharashtra Specified Co-operative Societies Elections to Committee Rules, 1971, Rules 6(5), (6) and (7)-Right to vote-Membership-Power ... ... Rules 6(5)(6) and (7)-Maharashtra Co-operative Societies Act, 1961 ... Otherwise statutory provision of Section 26 of the Act of 1960 would be rendered nugatory. ... Shriram Sahakari Sakhar Karkhana Limited (for short, 'Shriram Karkhana') Respondent No. 8 in writ petition 4961/96 and Respondent No....
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