KOZHIKODE DISTRICT RATION DEALERS Vs. GOVERNMENT OF KERALA

JUDGEMENT

(1.) THE petitioner in W.P. (C) No. 29012/2008 is the appellant. They are aggrieved by the judgment of the learned Single Judge dismissing the Writ Petition. The facts which led the appellant to file the Writ Petition are the following:

(2.) THE appellant is a Co -operative Society incorporated under the provisions of the Kerala Co -operative Societies Act ('the Act' for short). The Bye -laws of the Society show that 'A' Class membership is allowed to ration dealers, 'C' Class membership is allowed to employees of the ration shops who are interested in the functioning of the Society and 'B' Class membership is allowed to Co -operative Societies, Government and District Co -operative Banks. It is also provided in the bye -law that 'C' Class membership shall not exceed 25% of the 'A' Class membership.

(3.) AGGRIEVED by Exhibit P2 order, appellant filed a revision before the Government, which was rejected by Exhibit P4 order. It was in these circumstances, the appellant filed W.P.(C) No. 29012/2008. The learned Single Judge by judgment dated 12.11.2010, dismissed the Writ Petition mainly placing reliance on the provisions contained in Circular No. 10/83 and holding that if the purpose of the Circular is to be achieved, disqualification provided therein should apply to Co -operative Societies like the appellant also. It is this judgment which is challenged before us.