JOSE Vs. REGISTRAR OF CO OP SOC

JUDGEMENT

(1.) Petitioners are A class members of Avinissery Powerloom Industrial Co-operative Society Limited registered under the Co-operative Societies Act, its activities being confined to Avinissery Panchayat. Peti- tioners became A Class members having paid Rs. 100/-to the Society. Member ship amount was later enhanced to Rs. 5.000/- for A Class members as per amended Clause 4 (a) of the bye-laws of the Society, The amendment came into effect on 28-11-1987

(2.) Administrator (3rd respondent) issued notice Ext. P-1 for election to the Committee of the Society. A draft list of voters was published. Petitioners and others tiled objections. In the draft list names of the petitioners and 56 others were seen excluded. Contention of the petitioners is that without considering the objections original voters' list was published. The result of it is that only half of the original members are entitled to vote. Petitioners contend that the enhancement of the share in the Class A category has no application to them as they are already members of the Society.

(3.) The short question that arises for consideration- is whether those who became members before the amendment are in any way bound to pay the enhanced amount. Counsel for the petitioners submitted that being members of the Society and having not been removed by any process of removal known to law they can take part in the election notwihstanding the amended bye-law whereby a member of the Society coming under the category of A Class has to take share worth Rs. 5,000/-.