Not Earnest In Discharging Duties Despite Court Orders: Kerala High Court Raps Police Over Postponement Of Cooperative Society Election
2 years, 9 months ago

Not Earnest In Discharging Duties Despite Court Orders: Kerala High Court Raps Police Over Postponement Of Cooperative Society Election

Live Law  

The Kerala High Court on Thursday expressed its concern over the inaction of the police to avoid riots at a scheduled election to a Cooperative Society despite specific court orders, which in turn encourages the widespread politicisation of cooperative societies in the State.A Division Bench of Justice P.B. The Kerala High Court on Thursday expressed its concern over the inaction of the police to avoid riots at a scheduled election to a Cooperative Society despite specific court orders, which in turn encourages the widespread politicisation of cooperative societies in the State. Suresh Kumar and Justice C.S Sudha observed that when this Court directs police protection for an election, the police is obliged to ensure that every member willing to cast vote is not obstructed by anyone. Subsequently, the appellants moved the Court seeking police protection to ensure that the election is not obstructed by anyone, alleging that arrangements were being made to sabotage the election by causing obstruction to the voters.

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History of this topic

'Govt Not Expected To Intervene In Administration Of Co-op Societies': Plea In Kerala HC Challenges Provisions Of Kerala Co-operative Society Amendment Act 2023
9 months, 1 week ago

'Govt Not Expected To Intervene In Administration Of Co-op Societies': Plea In Kerala HC Challenges Provisions Of Kerala Co-operative Society Amendment Act 2023

Live Law  

A writ petition is moved before the Kerala High Court challenging various provisions of the Kerala Co-operative Society Amendment Act, 2023. The plea has been filed challenging sections 14AA, 28, 32, 33, 34A, 56, 57E and 64 alleging that the amendments would cause governmental interference in the day-to-day working of the co-operative societies. The plea stated that the Constitutional Amendment …

Co-operative Arbitration Court Has Exclusive Jurisdiction To Adjudicate Election Disputes Of Co-operative Society: Kerala HC Dismisses Writ Appeal
1 year, 5 months ago

Co-operative Arbitration Court Has Exclusive Jurisdiction To Adjudicate Election Disputes Of Co-operative Society: Kerala HC Dismisses Writ Appeal

Live Law  

The Kerala High Court has held that Co-operative Arbitration Court constituted under Section 70A of the Kerala Co-operative Societies Act, 1969 has the exclusive jurisdiction to deal with the procedure for adjudication of any dispute regarding election to the Board of Management of Society and not a writ court under Article 226 of the Constitution. The Court observed thus: “When …

Suspension Under S.32 Kerala Cooperative Societies Act Not Dependent On Completion Of Inquiry If Compelling Circumstances Exist: High Court
2 years, 1 month ago

Suspension Under S.32 Kerala Cooperative Societies Act Not Dependent On Completion Of Inquiry If Compelling Circumstances Exist: High Court

Live Law  

The Kerala High Court on Monday held that an order of suspension under Section 32 of the Kerala Co-operative Societies Act, 1969 is not dependent on the completion of the inquiry under Section 65 and the power can, for grave and compelling reasons, be exercised even when the inquiry is pending.The Single Judge Bench of Justice Gopinath P., in this …

S.25 Karnataka Societies Registration Act Does Not Empower Registrar To Enquire Into Election Matters: High Court
2 years, 3 months ago

S.25 Karnataka Societies Registration Act Does Not Empower Registrar To Enquire Into Election Matters: High Court

Live Law  

The Karnataka High Court has held that Registrar of Cooperative Societies, in exercise of its power to conduct enquiry under Section 25 of the Karnataka Societies Registration Act, cannot assume power of a Civil Court to consider evidence in election matters. However, it was of the view that the averments in the complaint undoubtedly require evidence and considering the same …

Provisions Of Kerala Co-operative Societies Act For Determining Continuance Of Membership Are Mandatory: High Court
2 years, 5 months ago

Provisions Of Kerala Co-operative Societies Act For Determining Continuance Of Membership Are Mandatory: High Court

Live Law  

The Kerala High Court on Friday declared that when specific provisions have been provided under the Kerala Co-operative Societies Act, 1969 for determining the continuance of a person as a member of Society, the same would have to be adhered to. Ravi, while allowing the petition filed by members of the Walayar Milk Producers Cooperative Society, thus observed, "When specific …

Bye-Laws Of The Co-Operative Society Constitutes A Contract Between The Society And Its Constituents: Madras High Court
3 years ago

Bye-Laws Of The Co-Operative Society Constitutes A Contract Between The Society And Its Constituents: Madras High Court

Live Law  

A division bench of Justice Pushpa Sathyanarayana and Justice Mohammed Shaffiq on 23.02.2022 was passing orders on a batch of appeals with respect to an election for the office-bearers of the South Indian Artistes' Association. The appellants were challenging a common order dated 24.01.2020 passed by Single judge, whereby the Single judge held that the decisions taken by the Executive …

Kerala Co-operative Societies Act | Inquiry U/S 65(1) Can Be Based On Complaints Received By Competent Authority: High Court
3 years ago

Kerala Co-operative Societies Act | Inquiry U/S 65(1) Can Be Based On Complaints Received By Competent Authority: High Court

Live Law  

The Kerala High Court on Thursday ruled that what is expected from the competent authority while ordering an inquiry under Section 65 of the Kerala Co-operative Societies Act, 1969 on the basis of information gathered either on his own or received from other sources is that there shall be an independent and active application of mind as to whether there …

Kerala Co-operative Societies Act | Section 68(1) Includes Inquiry Conducted By Vigilance Officer : High Court
3 years, 1 month ago

Kerala Co-operative Societies Act | Section 68(1) Includes Inquiry Conducted By Vigilance Officer : High Court

Live Law  

The Kerala High Court recently held that an inquiry under Section 68 of the Kerala Co-operative Societies Act includes the inquiry conducted by the Vigilance Officer appointed under Section 68A of the Act, and that it does not have to be necessarily be done by the Joint Registrar of Cooperative Societies himself. This order of surcharge was issued based on …

"EC, Govt Mandates Cannot Merely Rest On Paper" : Kerala High Court Calls For Effective Compliance With COVID Norms On Poll Counting Day
3 years, 10 months ago

"EC, Govt Mandates Cannot Merely Rest On Paper" : Kerala High Court Calls For Effective Compliance With COVID Norms On Poll Counting Day

Live Law  

The Kerala High Court has, in a strongly-ordered enjoined the Election Commission of India, District Collectors, and Commissioners/Superintendents of Police to ensure effective compliance with COVID protocols on the day votes polled in the Kerala Assembly Elections are counted. Declaring that the averments presented a compelling public cause, the Court directed strict compliance with all directives issued by the State …

Kerala Assembly elections | Police steps up vigil in Thiruvananthapuram on final day of campaigning
3 years, 11 months ago

Kerala Assembly elections | Police steps up vigil in Thiruvananthapuram on final day of campaigning

The Hindu  

Following the Election Commission of India ’s ban on ‘kottikalasham’, the police in the capital district have geared up to prevent any attempt to organise the customary finale on Sunday. The police have cautioned political parties against gathering in public places in violation of the ECI order that could result in the offenders being charged under the provisions of the …

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