MEENACHIL TALUK CO-OPERATIVE EMPLOYEES CO-OPERATIVE SOCIETY LTD. Vs. RAMAPURAM AIDED SCHOOL EMPLOYEES CO-OPERATIVE SOCIETIES LTD. AND ORS.

JUDGEMENT

(1.) Ext. P3 issued by the 2nd respondent, by which the 2nd respondent had directed the 3rd respondent to cancel Ext. P2 amendment contained in Clause 37b(v)(ii) in the bye-laws of the petitioner society, is under challenge in this writ petition. The petitioner is an Employees' Co-operative Society functioning with the area of operation as Meenachil taluk. It consists of more than 23,000 members falling under 4 classes, viz., A, B, C and D. A class members are employees working under various Co-operative Societies in the same taluk. B class members are employees working under Government, Semi-Governmental organizations, Government approved corporations and boards.

(2.) The petitioner alleges that by the amendment of the bye-law and insertion of Clause 37b(v)(ii), the facilities provided to A class members were also granted to B class members. The petitioner further alleges the amendment was approved by the 3rd respondent as per Ext. P2 in exercise of powers of the Registrar conferred upon the 3rd respondent.

(3.) On a petition filed by the 1st respondent society before the 2nd respondent aggrieved by the insertion of Clause 37b(v)(ii) in the bye-law of the petitioner society, the 2nd respondent as per Ext. P2 directed the 3rd respondent to cancel the amendment contained in the aforesaid clause. The petitioner challenges the impugned order for the reason that the petitioner society was not afforded an opportunity of being heard for the reason that only an appeal would lie to the Government as provided under Section 83 of the Kerala Co-operative Societies Act against Ext. P2 amendment. It is with this background, the petitioner has come up before this Court.