K.SIVADASAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) (a) Is there any provision under the Kerala Co-operative Societies Act (hereinafter referred to as "KCS Act ") enabling a no-confidence motion be moved against the Managing Committee of a Society?

(2.) The Society is an Apex Society. Its General Body consists of 76 members, being representatives/ delegates from primary societies. The petitioners are two such delegates. They were elected as members of the Board of Directors of the Society.

(3.) On 30/10/2021, a non-confidence motion was moved by two members of the Society against its Managing Committee. Notice requiring convening of a General Body to consider the no-confidence motion was given to the Registrar by 31 members. On 13/12/2021, the Registrar passed an order (Ext.P8) in terms of Sec. 30(3) of the KCS Act, nominating the Additional Registrar (consumer) to call for a Special General Body, to consider the no-confidence motion.