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Joint Registrar of Co-operative Societies (General) & Ors. v. Cherian Eapen & Ors.

Civil Appeal · Neutral citation not assigned (Civil Appeal Nos. 11790-11794 of 2016)Decided 5 Dec 2016
Civil Appeal Nos. 11790-11794 of 2016
Justice Kurian Joseph · Justice Rohinton Fali Nariman

Background

This is an interim order, not a final judgment. An interim High Court order had allowed elections to a co-operative society's Managing Committee to go ahead, with the result treated as provisional until writ petitions pending in the High Court were decided. The Joint Registrar of Co-operative Societies appealed against that interim order.

Decision Breakdown

This is an interim order, not a final judgment. The Court disposed of the appeals by allowing the elected Committee to carry on day-to-day work, not policy matters, on a provisional basis. It said it would not go into the merits because the writ petitions were pending before the High Court. All contentions of the writ petitioners were left open for the High Court to decide.

Lesson Learnt

There is no final ruling yet on the validity of the elections, which the Kerala High Court still has to decide. The order only continues a provisional arrangement for routine work.

Official source (sci.gov.in)View Judgment (PDF)

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