JOSEPH ZACHARIA Vs. STATE

JUDGEMENT

(1.) The question commonly raised in these cases pertains to the validity of a Government order extending the life of the managing committees of certain cooperative societies in Kerala. Our answer to the said question seems to be sine qua non for disposal of the original petitions. Hence we would first proceed to consider the said question and then we can decide the incidental issues, if any, arising in individual cases.

(2.) Government of Kerala published a notification purportedly in exercise of powers under S.101 of the Kerala Cooperative Societies Act (for short the Act) as G. O. (P) 156/95/Coop. dt. 6.11.1995 (it will hereinafter be referred to as "the notification"). A directive issued by the Government of Kerala is published as per the notification that S.28(1) of the Act shall apply to all primary cooperative societies where elections are due before 30.4.1996 with the modification that the words three years in the sub-section shall stand substituted by the words three years and six months. The contention commonly advanced by the petitioners in these original petitions is that Government have no power under S.101 of the Act to issue such a notification. For appreciating the said contention we have to see the parameters of the section.

(3.) S.101 of the Act reads thus: