V.P. SASINDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS Writ Appeal arises from the judgment of the learned Single Judge dismissing W.P. (C) No. 29108/2012 filed by the appellant.

(2.) THE Writ Petition was considered along with a batch of Writ Petitions, where, Kerala Co -operative Societies (Amendment) Act, 2012 (Act 13 of 2012) which replaced Ordinance No. 18 of 2012 was challenged before this Court and by the judgment under appeal, the learned Single Judge upheld the validity of the Act. In this context, it is to be noticed that by the judgment in W.A. No. 1511/2013, this Court has already upheld the judgment of the learned Single Judge, upholding the validity of Act 13 of 2012 and the Ordinance which preceded it.

(3.) ACCORDING to the appellant, by Act 13 of 2012, Sections 5(1)(a) and (b) were introduced. As a result, the membership position in the District Co -operative Bank that obtained as on 10.12.2007 was restored. According to him, as is evident from Exhibit P4 audit certificate for the year 2007 -08, as on 10.12.2007, there were 663 member Societies on the rolls of the Ernakulam District Co -operative Bank. It is stated that instead of confining notice of the General Body Meeting that was scheduled on 07.12.2012 to the aforesaid 663 Societies, notices were issued to another 65 Societies also. It was, therefore, that the Writ Petition was filed on 5.12.2012 with a prayer to direct respondents 4. and 5 to permit only 663 member Societies to participate in the General Body Meeting that was scheduled on 7.12.2012.