JOHNY Vs. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES

JUDGEMENT

(1.) It is beyond doubt that R. 27 of the Kerala Co-operative Societies Rules ('the KCS Rules' for brevity) mandates that a member of a credit society can seek to be admitted to another credit society only with the previous sanction of the Registrar and that a membership that he secured in contravention of this would be liable to termination upon the requisition of the Registrar.

(2.) The provisions of R. 27 of the KCS Rules are not under challenge in this Writ Petition; the sole question pitched being whether the afore restriction applies to membership to all credit societies as a class or only to that in a second credit society of the same character and nature as the first one.

(3.) This issue has become in focus in this case because the petitioners assert that the second credit society, to which they secured membership, is of a completely different nature and type than the first one, in which they are admittedly members. The petitioners thus contend that when the nature of the two societies are different, then the rigour of R. 27(2) of the KCS Rules would not apply.