before registering an
amendment of any bye-law consult
(a) The State Co-operative Union if the bye-laws to be
amended are that ... conn. cases
-:35:-
bye-laws, the Registrar shall mutantis mutandis apply to the
registration of amended bye-laws. The question of amendment
of bye-laws
with the bye-laws and entrust the
management of the affairs of the society to such
committee. When the bye-law amendment was
registered ... Rules and the bye-laws.......... The bye-laws, with
WP(C)36233 & 36432/08 -: 9 :-
Ext.R4(a) amendment, oblige the committee
Normally as regards the amendment of the bye-laws, the primary authority entitled to amend the bye-laws is the general body. The resolutions passed ... thus explaining the nature and effect of the bye-laws of the Society.
"The bye-laws of a co-operative society
amend its bye-laws, made Ext.P1
application before the 1st respondent requesting for
approval of the amended bye-laws. The said request ... TRUE COPY OF THE DECISION OF THE
GENERAL BODY FOR BYE-LAW AMENDMENT DATED
25.10.2017.
EXHIBIT P1(b) A TRUE COPY OF THE DECISION
business and only under that
circumstances the bye-law of such society can be registered.
The bye-law of the 4th respondent society ... bye-law of the 4th
respondent approved by the 3rd respondent. According to the
petitioner, clause (3) of the bye-law was amended expanding
only 3 years as stated in the bye-law and
the contention that the bye-law was amended is
absolutely wrong, which, according ... general body
meeting held on 17.08.1997 and 17.06.1998, copy of
Bye-law amendment approved in the general body
meeting held on 17.8.1997. The society
RESPONDENT.
EXT.P-7 THE TRUE COPY OF THE "PROPOSED BYE-LAW AMENDMENT"
EXT.P-8 THE TRUE COPY OF THE REPRESENTATION DATED ... bye-laws of a society shall not be contrary to the
provisions of the Kerala Co-operative Societies Act, 1969 .
The existing bye-law provisions
Section 13A mandates the bye-laws to be
consistent with the provisions of the Act and Rules. The
amendment proposed and passed was definitely ... carried out only in
accordance with the bye-laws. When the bye-laws, as in the case
of the subject Society, provide for election from
bye-
laws was not in conformity with the provisions of the Act and
therefore cancelled the registration already granted for the
bye-laws with effect ... Bank of India and
WP(C).34598/15 5
therefore the bye-law amendment in tune with the Reserve
Bank of India circulars is valid
registration of bye-laws of a society by the
Registrar shall, mutatis mutandis, apply also to the registration
of amendments to bye-laws;
Provided that ... before registering an
amendment of any bye-law consult-
(a) The State Co-operative union if the bye-laws to be
amended are that
