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Documents citing S. Lakshmanan, President, ... vs V.Velliankeri, Member Of Board Of ... on 9 April, 2002

K.Sivadasan Nair vs State Of Kerala on 27 January, 2022

13. To contend that, in the absence of Rules laying down the procedure, the power conferred under Section 33, for moving a no-confidence motion against the Managing Committee, remains inoperative and unworkable, the learned Senior Counsel for the petitioner placed reliance on the answer on a reference order by a Full Bench of this Court in S.Lakshmanan, President, Thiruvilwamala Weavers Co-operative Society Ltd. v. Vellankeri Member of Board of Directors, Thiruvilwamala Weavers Co-operative Society Ltd. And Ors. [AIR 2002 Ker. 325]. The issue involved therein related to a motion of no- confidence against a president of the Co-operative W.P.(C) No.5 of 2022 -: 12 :- Society by the Managing Committee. The question referred to the Full Bench for its decision was as follows:-
Kerala High Court Cites 20 - Cited by 0 - S Ninan - Full Document

K.Sivadasan Nair vs State Of Kerala on 10 June, 2022

In paragraph 10 of the judgment, although this Court has taken note of the fact that there is no specific enabling provision in the Act for removal of an elected managing committee on a no-confidence motion, it was found that in the light of the observation made by the Full Bench of this Court in S.Lakhmanan, President, Thiruvilwamala Weavers Co-operative Society Ltd. v. V.Velliankeri, Member of Board of Directors, Thiruvilwamala Weavers Co-operative Society Ltd, AIR R.P.No.330 of 2022 in Writ Appeal No.159 of 2022 -: 10 :- 2002 Kerala 325, the provision in Section 33(1) of the Act needs to be understood as an enabling provision. As noted, it was also observed by this court in the said paragraph that in the light of Article 43B of the Constitution providing for democratic control of co-operative societies, it is unnecessary to delve deep into the question whether there exists any enabling provision for removal of an elected managing committee on a no-confidence motion. Needless to say, there is no merit in the first contention.
Kerala High Court Cites 11 - Cited by 0 - P B Kumar - Full Document

K.A.Abdul Rahman vs The Cheranelloor Service on 28 February, 2014

buttress the contention, that no appeal lies, the petitioners rely on Lakshmanan v. V.C.I.Co-op. Society [1981 KLT 779]. On the question of delay, since sub-section (2) of Section 83 provides only sixty days and no specific power has been conferred on the appellate authority to condone delay, the appeal filed outside the period of limitation is argued to be not maintainable.
Kerala High Court Cites 27 - Cited by 0 - K V Chandran - Full Document

Pradeep U.R vs Kerala State Co-Operative Election ... on 27 February, 2015

32. The point considered by the Apex in (2015) 8 SCC 1 (cited supra) was, whether, in the absence of a specific provision for removal by 'no-confidence' in the Act/Rules or even in the Bye- laws of a co-operative society, the Chairperson/elected office- bearer could be removed by a motion of no-confidence (para 1 of the judgment). The Bench observed that, removal of an elected member/office-bearer by 'no-confidence motion' was not expressly provided in the relevant Act/Rules/Bye-laws. But for the stipulation in the Bye-laws that, in case the office of the Chairperson of the Federation falling vacant before expiry of its term, for any reason, the Board has to elect a new person for the remaining term. Reference was made to a Full Bench decision of this Court reported in AIR 2002 Ker. 325 [S. Lakshmanan Vs. V. Velliankeri] to the effect that no such power of removal of the Chairperson by no- confidence should be read into the provisions of the Act/Rules/Bye- laws, as Section 33 (1) of the Kerala Co-operative Societies Act only envisaged passing of a 'no-confidence motion' by the general body which results wholesale removal of the committee and not any individual. Similarly, reference was also made to the verdict passed by the Andhra Pradesh High Court in Veeramachaneni W.A Nos.
Kerala High Court Cites 56 - Cited by 12 - Full Document
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