P.KUNJIKRISHNAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) These writ petitions are filed by the members of the primary milk producers' co-operative societies affiliated to the Malabar Regional Co-operative Milk Producers' Union Ltd. There are three regional unions in the State: Trivandrum region, Ernakulam region and Malabar region. The milk societies in the State function in a three tier system: at the Apex level, Kerala Co-operative Milk Marketing Federation Ltd (MILMA); at the intermediate level, regional unions; at the lower level, primary co-operative societies. The by-laws of the regional union refer to different categories of members, vis-a-vis ordinary and nominal. The ordinary membership is given to registered primary milk producers' cooperative societies. The nominal membership is given to persons who have financial dealing with the union, such as suppliers, contractors, etc.

(2.) As per the by-law, the obligations of the ordinary member is stipulated. It stipulates that the ordinary member, after local consumption within the area of operation, shall supply minimum quantity as fixed by the Board to the union. There are similar provisions in the by-laws of the primary co-operative societies as well, stipulating that its members shall supply a minimum quantity as fixed by the society, to cast vote in the election to the Managing Board of the society.

(3.) The milk societies in Kerala follow the Anand Pattern Co-operative Society model, based on the co-operative movement of milk revolution in the State of Gujarat, having three tier structure composed of Village Society, District Union and the State Federation. The members sell milk only to the society. This would ensure that genuine farmers, who are having interest, control the society.