SAIDALAVI MASTER Vs. STATE OF KERALA

JUDGEMENT

(1.) The question involved in all the intra-court appeals preferred against the common judgment rendered in four writ petitions preferred by former President, Vice President of erstwhile Malappuram District Co-operative Bank and 93 individuals stated to be the Presidents of Primary Agricultural Credit Societies and Urban Co-operative Banks whereby all the petitioners were not successful in laying challenge to the constitutional validity of Sec. 14A of Kerala Co-operative Societies Act, 1969 (hereinafter called as 'Act, 1969'), Sec. 74H(1)(a) of the Act, 1969 and order passed by the Registrar, Co-operative Societies dated 12 th of January, 2023 ordering amalgamation of Malappuram District Co-operative Bank with Kerala State Co-operative Bank.

(2.) The arguments raised in all the afore-mentioned writ petitions, which have been extensively dealt with by the Single Judge, were with regard to the Entry Nos.43, 45 of List-I and 32 of List-II of the 7th Schedule of the Constitution of India as well as amended provisions of Sec. 44A of the Indian Banking Regulation Act, 1949 effective from 26 th of June, 2020. In other words, the pith and substance of the claim in the writ petitions was State Government by causing an amendment in Sec. 74H(1)(a) could not confer power on the Registrar, in the absence of the resolution either by simple majority or by th majority as it was then in vogue, i.e., before amendment can order the amalgamation of the District Co-operative Society into State Co-operative.

(3.) The other question was since one of the functions of the District Co-operative Bank was 'Banking', amalgamation of banking company would be within the domain of Central legislation and not by the State.