K KARUNAKARAN PILLAI Vs. VENUGOPALA PILLAI

JUDGEMENT

(1.) The question that is posed for consideration in these cases is whether the Committee or Administrator appointed under Sub-sections (1) and (1A) of Section 33 of the Cooperative Societies Act, 1969 could enrol members in exercise of the powers conferred under Section 33(2) of the Act.

(2.) A Full Bench of this Court in Hassan v. Joint Registrar of Co-operative Societies, 1998 (2) KLT 746 interpreting the unamended provisions of Sub-section (2) of Section 33 of the Act held that the power given to the Administrator to exercise all or any of the functions of the committee under Sub-section (2) of Section 33 would not take in the power to enrol new members. Judgment was delivered by the Full Bench on 28.8.1998. Full Bench was interpreting the unamended provisions of Sub-section (2) of Section 33, which reads as follows:

(3.) Apex Court had occasion to consider the scope of Section 30A(3) of the Karnataka Co-operative Societies Act in K. Shantharaj and Anr. v. M.L. Nagaraj and Ors., . The said provision is extracted below for easy reference.