THOMAS Vs. GOVERNMENT OF KERALA

JUDGEMENT

(1.) The appellant, party-in-person, filed W.P.(C) No.16450/2025 seeking to declare that "the Kerala State Co- operative Societies Act, 1969" and "the Kerala State Co- operative Agricultural Development Banks Act, 1984" are unconstitutional and illegal. The appellant also sought to issue a writ of mandamus and to declare that the "Co-operative Arbitration Court" and the jurisdiction made under "the Kerala State Co-operative Societies Act 1969" and "the Kerala State Co-operative Agricultural Development Banks Act, 1984" misused for banking are unconstitutional and illegal and so void from the commencement and enactment of the Acts.

(2.) Before the learned Single Judge, the appellant urged that the functioning of the Co-operative Bank outside the regulatory framework of the Banking Regulation Act, 1949 is illegal and unconstitutional. Relying on Article 246 of the Constitution of India, the appellant submitted that 'Banking' is a subject in List-I of the 7th Schedule of the Constitution of India and that the enactment of the Kerala Co-operative Societies Act, 1969 and the Kerala State Co-operative Agricultural Development Banks Act, 1984 enabling banking activity in the co-operative sector, is beyond the legislative competence of the State Legislature.

(3.) The appellant urged that by virtue of sub-clause (2) of Article 13 of the Constitution of India, any law that takes away or abridges the rights conferred by Part-III of the Constitution shall be void to the extent of contravention. The appellant also relied on Article 254 of the Constitution of India and submitted that where the State law is inconsistent with any Central law, the State law shall be void to the extent of inconsistency. On these grounds, the appellant contended that the Kerala State Co-operative Societies Act, 1969 and the Kerala State Co-operative Agricultural Development Banks Act, 1984 are illegal and unconstitutional.