BABU K. KORAH Vs. STATE OF KERALA

JUDGEMENT

(1.) The State Legislature enacted the Kerala Co-operative Societies (Amendment) Act, 2023 (Act 9 of 2024) in order to amend the Kerala Co-operative Societies Act, 1969. The amendments brought about by the Act 9 of 2024 touched various aspects of co-operative institutions including share capital contributions, financial status, partnership of Co-operative Societies, reservation of seats and eligibility for election to the Managing Committee, appointment of Administrative Committee, maintenance of accounts, adoption of common accounting software, constitution of a Co-operative Revival Fund Scheme, sanction of loans and advances, valuation of property, purchase of movable and immovable properties by the Societies, power of Government or Registrar to deal with irregularities and a number of other aspects which are important in the administration and governance of Co- operative Societies in Kerala. The petitioners are aggrieved by certain amendments thus effected as per the Act 9 of 2024.

(2.) The petitioners in these writ petitions are mostly office bearers of Managing Committees of various Co- operative Societies and members of such Societies.

(3.) The petitioners state that governmental interference in the day-to-day working of the Co-operative Societies is not desirable as Co-operative Societies are essentially associations of persons, though regulated by statutory provisions. The administration of a Co-operative Society is controlled by elected members of the Board of the Society. By 97th Amendment Act, 2011 Part IXB was inserted in the Constitution of India. The said amendment was intended to strengthen the co-operative sector across India. The Constitutional amendment was intended to ensure democratic functioning and autonomy of the Co-operative Societies.