JANARDHANAN.T Vs. STATE OF KERALA

JUDGEMENT

(1.) The 1st petitioner is the President of Panniyur Ksheerolpadaka Sahakarana Sangam Ltd., the 2 nd petitioner is the President of Olarvattom Ksheerolpadaka Sahakarana Sangam Ltd. and the 3 rd petitioner is the President of Edathotty Ksheerolpadaka Sahakarana Sangam Ltd. These societies are registered as Primary Anand Pattern Co-0perative Societies and are affiliated to the 5th respondent Union namely the Malabar Regional Co- operative Milk Producers Union Ltd. (hereinafter referred to as 'the Union'). The Union is in turn affiliated to Kerala Co-operative Milk Marketing Federation Ltd.

(2.) This writ petition has been filed challenging the amendments brought to Sec. 28 of the Kerala Co-operative Societies Act, 1969 (hereinafter referred to as 'the 1969 Act') through Act 34 of 2021 by incorporating Sub-sec. (7) to Sec. 28 and further to issue a writ of mandamus commanding respondents 2 and 3 not to disqualify the petitioners from their capacity as members of the Board of Directors (hereinafter referred to as 'the Board') of the Union on the basis of the said amendment and/ or to declare that the impugned amendments would have only prospective effect. The brief facts of the case are as follows:-

(3.) The petitioners were (in their capacity as President of the Primary Anand Pattern Co-0perative Societies mentioned above) nominees of the respective Primary Anand Pattern Co-0perative Societies for the election to be conducted to the Board of the Union. In the election, they also submitted their nominations for being elected as members of the Board of the Union and were duly elected in the election held on 7/2/2020. It is not in dispute that the by-laws of the Union require (among other things) that in order to contest the elections to the Board of the 5th respondent Union an ordinary member (the primary society) must be placed in audit classification A or B during the last audit and also that the primary society should not have failed to supply the minimum quantity of milk as fixed by Board during the preceding year. The petitioners did not qualify one or the other criteria. However, it appears that the petitioners were found entitled to be elected to the Board of the Union on the application of provisions of the Explanation to Rule 35A (4) of the Kerala Co-operative Societies Rules, 1969 (hereinafter referred to as 'the 1969 Rules') which reads thus:-