Document Fragment View

Matching Fragments

27. The Advocate General also relied on the judgment of the Apex Court in Javed and others v. State of Haryana and others [(2003) 8 SCC 369] to contend that the right to contest an election for any office is neither fundamental nor a common law right.

28. The petitioners are challenging Section 32(2)(ii) and Section 32(4)(ii) based on the judgment in Joint Registrar of Co-operative Societies v. T.A. Kuttappan and others [2000 KHC 389]. The Hon'ble Apex Court has held that this will not give power to the Administrator to enrol members. Therefore, the provisions in the Amendment Act are within the legislative competence. As regards the challenge to Section 34A relating 2024:KER:80385 W.P.(C) No.21368/2024 & connected cases to common software for maintenance of accounts, the Advocate General submitted that data sharing is not expected and therefore there is no question of violation of privacy rights. Furthermore, whether a Co-operative Society has a right to privacy is a moot question, contended the Advocate General.

67. The grievance of the petitioners in these writ petitions is more on sub-clause (3) of Section 34A which provides that a Technical Cell with professional and technical team as prescribed shall be established in the office of the Registrar, in consultation with the Government, to inspect the security, reliability, data protection and other aspects connected with software and hardware. The apprehension of 2024:KER:80385 W.P.(C) No.21368/2024 & connected cases the petitioners is that constitution of such a Technical Cell is likely to affect the right to privacy of the members of the Society.