K.SIVADASAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellants seek in this petition, review of the judgment in the writ appeal.

(2.) The writ appeal was one preferred against the judgment in W.P.(C) No.5 of 2022. As per the judgment sought to be reviewed, this Court affirmed the decision of the learned Single Judge in dismissing the writ petition. Parties are referred to in this order for convenience, as they appear in the writ appeal.

(3.) The third respondent is an apex society registered and functioning under the Kerala Co-operative Societies Act, 1969 (the Act). Its general body consists of 76 primary societies. The appellants represent two among the members of the third respondent in its general body and have been elected in that capacity to the Managing Committee of the third respondent. On 30/10/2021, a no-confidence motion was moved by two other members of the third respondent against its Managing Committee and a notice requiring convening of a general body to consider the no confidence motion was given by 31 other members of the third respondent to the Registrar. On 13/12/2021, the Registrar issued Ext.P8 order invoking Sec. 30(3) of the Act, nominating an officer under him to call for a special general body of the third respondent to consider the no-confidence motion. The officer authorised by Ext.P8 order thereupon decided to convene a special general body of the third respondent on 6/1/2022 and instructed the Managing Director of the third respondent to issue notice of the proposed special general body to the members. Ext.P9 is one of the notices issued by the Managing Director in this regard. The writ petition was instituted at that point of time challenging Ext.P8 order and Ext.P9 notice. The appellants also sought in the writ petition a declaration that the amendment made to Sec. 33(1) of the Act in terms of Act 33 of 1971 to the extent it provides for appointment of a new committee or an Administrator in the event of a no-confidence motion being passed by the general body against the existing managing committee, stands repealed by the application of the doctrine of desuetude and also a declaration that a no-confidence motion cannot be moved against an elected managing committee of a society.