Date:19/04/2008 URL: http://www.thehindu.com/2008/04/19/stories/2008041953700400.htm

Kerala - Kochi

Appeals against cooperative ordinance dismissed

Kochi: A Division Bench of the Kerala High Court on Friday dismissed the appeals filed against a single judge’s verdict upholding the Kerala Cooperative Societies (Amendment) Ordinance 2007.

As per the ordinance, the societies other than primary agricultural credit societies and urban cooperative banks had been made nominal or associate members of the district cooperative banks. They did not have any voting rights in the district cooperative banks. Primary agricultural credit societies and urban cooperative banks had only been given the rights to vote or participate in the board meeting of the district banks.

The Bench comprising Justice K. Balakrishnan Nair and P.N. Ravindran upheld the ordinance while dismissing the appeals filed by K.J. Philip, president, Kottayam District Cooperative Bank, and others. According to the government, the amendment was brought in to make the district cooperative banks a central society of primary agricultural credit societies and urban cooperative banks.

The court said that in fact the wisdom of the legislature should prevail. If the Legislature thought that a particular type of societies should be admitted as member of the district banks, it had to be recognised as the law of land. The court could not sit in appeal over the wisdom of the Legislature.

The court added that the provisions of the ordinance did not “trespass into any prohibited terrain making them invalid”.

Plea adjourned

Justice V.K. Mohanan adjourned to April 25 the hearing on a bail petition filed by Yakoob, proprietor of Expert Lines Enterprises, who was arrested in connection with the misuse of the green channel facilities provided by Malabar Cements for smuggling in spirit.

He was arrested on April 5 from his house.The Palakkad sessions court had earlier dismissed his bail petition.

Court directive

The High Court directed that any seat falling vacant in the post-graduate medical courses shall not be allotted to any applicant or candidates who have not scored the minimum prescribed marks of 50 per cent in the Common Entrance Examination - 2008. The court made it clear that this order shall apply to all categories including the lecturers’ quota.

The court added that the selection and allotment of seats and admission on the basis of this interim order would be subject to the result of the writ petition.

The interim order was passed on a writ petition filed by Dr. Sajeesh and 11 other doctors.