SADANANDAN v. JOINT REGISTRAR — 1985 DIGILAW 38 (KER)

Judgment :- 1. Second respondent is a co-operative Society. Election to the managing committee of the Board of Directors was held on 27-9-1981 since the term of the previous committee was to expire on 30-9-1981. Polling had to be stopped at about 2.50 p.m. on account of rioting and violence. Meanwhile, first respondent-Joint Registrar of Co-operative Societies extended the term of the then existing committee up to 31-12-1981. The committee resolved to conduct the polling on 30-12-1981. Polling was conducted and the petitioner and six others were elected. Two members filed OP. 7234/81 in this Court challenging the continuance of the polling on 30-12-1981 and pleading for polling afresh. The. court granted an interim order staying implementation of the results of the election. On 31-12-1981 the first respondent under Ext. P1 dated 31-12-1981 appointed a part-time Administrator for a period of six months or till the constitution of the new committee and also directed the petitioner to take steps to constitute a new committee as per rules. The original petition was dismissed on 15-3-1983 under Ext. P2 judgment. The court directed the first respondent to pass appropriate orders to enable the elected committee to assume office and also to elect a President within 15 days. The new committee elected the petitioner as the President and according to them, they took charge on 2-5-1983. The new committee passed Ext. P3 resolution on 22-6-1984 requesting the first respondent to allow the committee to continue in office for a period of three years from 2-5-1983. The first respondent under S.39 (2) of the Kerala Co-operative Societies Act (for short, the Act) passed Ext. P4 order extending the term of the committee till 31-12-1984 or till a new committee is constituted. In other words, the request of the committee to be allowed to continue in office till the expiry of three years from 2-5-1983 was rejected. The petitioner, as authorised by the committee, has filed this original petition seeking a declaration that the term of the committee is for three years from 2-5-1983 and seeking a writ of mandamus directing the first respondent to modify Ext. P4 order suitably. 2. The only question which arises for consideration in the original petition is when exactly the term of the managing committee commenced and when it ceases. P4 order suitably. 2. The only question which arises for consideration in the original petition is when exactly the term of the managing committee commenced and when it ceases. The first respondent proceeded on the basis that the terra of the committee ceased on 30-6-1984and extended the term till 31-12-1984. Petitioner would contend that the new committee was constituted only on 2- 5-1983 when it took charge and therefore its life will continue till the expiry of three years from that date. 3. We may examine the relevant provisions of the Act and the Kerala Co-operative Societies Rules (for short, the Rules). S.2(u) of the Act defines "year" as the period commencing on the first day of July of any year and ending with 30th of June of the succeeding year; in the case of any registered society or class of registered societies, the accounts of which are made up to any other date with the previous sanction of the Registrar, the year ending with such date. S.28 of the Act deals with the appointment of the committee-The general body of a society shall constitute a committee in accordance with the bye laws and entrust the management of the affairs of the society to such committee. Where the bye laws so provide the Registrar may nominate all or any of the members of the committee for such period as may be specified in the bye laws. 4. R.35 of the Rules lays down procedure regarding conduct of election to the committee. Resolution has to be passed fixing the date, time and place for the conduct of the election. The Registrar has to appoint the returning officer, who has to take all necessary steps for the conduct of the. election. The returning officer has to send intimation regarding the details to all members included in the final list of voters. The committee in office has to prepare a list of members qualified to vote at the election. The returning officer has to publish copies of the list and objections may be entertained and decided upon and a final list has to be published. Nominations have to be received, scrutinised and then polling has to take place. Polling has to be followed by counting of votes and declaration of results. Sub-rule (2) requires the committee in office to render all necessary help to the Returning Officer for the constitution of the committee. Nominations have to be received, scrutinised and then polling has to take place. Polling has to be followed by counting of votes and declaration of results. Sub-rule (2) requires the committee in office to render all necessary help to the Returning Officer for the constitution of the committee. Sub-rule 3(s) requires that the result of the election has to be recorded in the minutes book attested by the returning officer and has to be notified by him. The members so elected shall be deemed to have been elected by the general body of the society for the purposes of S.29(b) of the Act. 5. R.38 of the Rules deals with constitution of committee, resignation and removal from membership. Sub-rule (1) states that when a committee is constituted under S.28 it shall elect its President and other office bearers within one week from the date of its constitution. It shall also by a resolution authorise the officers concerned, to take charge from the outgoing office bearers. R.39 deals with election and term of the members of the committees. Sub-rule (i) states that the bye laws of every society shall provide that the term of its committee shall expire on the same date as may be specified. All the members of the committee whether representing societies or individuals shall vacate their office on the date specified, irrespective of the date on which they were elected as members of the committee. If no such date is specified in the bye laws the date of expiry shall be 30th of June of that year in which the term expires. Sub-rule (2) states that the election of all the members of the committee referred to in sub-rule (i) shall be held on or before the expiry of the term of office of the committee members. If for any reason, election is not held, the Registrar may extend the term until such time within which the election should, in his opinion, be held. 6. Exts. P 5 and P13 furnish extracts of the bye laws of the Society. Bye law 34 states that the elected members of the committee shall be in office for a continuous period of three years. 6. Exts. P 5 and P13 furnish extracts of the bye laws of the Society. Bye law 34 states that the elected members of the committee shall be in office for a continuous period of three years. Bye-law 36 states that the term of office of the committee or Board of Directors shall be three years from the date of its election The election of the members of the succeeding committee shall be held sufficiently early so as to enable the elected members to take charge on the expiry of the term of the previous committee. 7. On reading bye laws 34 and 36, it would appear that the elected members shall be in office for a continuous period of three years and the term of the committee is to be three years from the date of election of that committee. There can be no dichotatny between the life of an elected member and the life of the Board. Reading the bye laws it would appear that since the committee of which the petitioner was a member, was elected on 30-12-1981, its term would expire by the end of December 1984. 8. The question is whether the consequence of the bye laws is in any way affected by the provisions of the Act and the Rules. Learned counsel for the petitioner submitted that what is necessary is to find when the committee was constituted and the life of the committee would be three years from the date of the constitution. He further submitted that though the polling took place on 30-12-1981, the committee was not constituted on account of the order of stay issued by this Court and the committee was constituted and it took charge only on 2-5-1983 and therefore its term must be computed from that date. 9. Sub-section (i) of S.28 of the Act states that the general body of a society shall constitute a committee in accordance with the bye laws and entrust the management of the affairs of the society to such committee. It would appear that the committee has to be constituted at a meeting of the general body. R.26 of the Rules states that members shall not be admitted within 30 days prior to the date of issue of notice for the general body meeting. It would appear that the committee has to be constituted at a meeting of the general body. R.26 of the Rules states that members shall not be admitted within 30 days prior to the date of issue of notice for the general body meeting. Any person admitted as a member in contravention of the rule shall not have the right to membership or the right to vote at the said general body meeting or at any subsequent meeting. Procedure for election and polling is prescribed in R.35. Polling date has to be fixed and after following the procedure laid down in R.35, polling has to be held, votes counted, results announced and recorded in the minutes book by the returning officer. R.35 (3) (s) states that the members so elected shall be deemed to have been elected by the general body of the Society. Reading S.28(1) of the Act and R.35 of the Rules together, it is clear that the committee comes into existence or the constitution of the committee takes place when the results of the election are announced by the returning officer followed by the other procedures prescribed such as recording in the minutes book of the society etc. Under R.38, President shall be elected within one week and the committee has to authorise the office bearers to take charge from the outgoing office bearers. According to R.39, the bye laws have to provide that the term of a committee shall expire on the same date as may be specified. All the members shall vacate their office on the date specified irrespective of the date of election. If no such date is specified, the date of expiry shall be 30th of June of that year in which the term expires 10. Reading the provisions of S.28 of the Act and R.35, 38 and 39 of the Rules along with the bye laws, it is clear that the bye laws are not in any way affected by the statutory rules. It is the general body which constitutes the committee in accordance with the bye laws and entrusts the management of the affairs of the Society to the committee. The committee has to be constituted by following the process of election as laid down in R.35 of the Rules. It is the general body which constitutes the committee in accordance with the bye laws and entrusts the management of the affairs of the Society to the committee. The committee has to be constituted by following the process of election as laid down in R.35 of the Rules. When the process of election is completed and members elected, it shall be deemed that they are elected by the general body. The statutory provisions do not make any distinction between the election of a committee and its constitution. The constitution takes place by the process of election and not by any separate or different act following election or the declaration of results. For various reasons, the actual taking over of charge by the new committee may be delayed for a few days, weeks or months. That does not mean that the committee is not constituted The committee is constituted but taking charge of the committee may be postponed. The term of the committee is not dependant on the date on which the committee takes charge. The constitution of the committee, as stated in sub-section (i) of S.28 of the Act is to be in accordance with the bye laws. The expiry of the term of office also must be laid down in the bye laws as made clear in R.39 of the Rules. If the exact date is not specified in the bye laws, the date of expiry shall be 30th of June of that year in which the term expires. The statutory provisions are centred round the provisions of the bye laws and not detract from the same. The bye laws clearly state that the life of a committee shall be three years from the date of election. That would be 30th of December, 1984. But the bye laws do not specify the date on which the term shall expire. Therefore by virtue of R.39 the date of expiry shall be 30th June of the year in which the term expires, viz., 1984. That would show that the term of the committee expired on 30th June 1984. The first respondent was in order in treating that the term of the committee expired on 30th June 1984 and in extending the terra by six months. That would show that the term of the committee expired on 30th June 1984. The first respondent was in order in treating that the term of the committee expired on 30th June 1984 and in extending the terra by six months. In these circumstances I reject the contention of the petitioner that the term of the committee of which he is a member expires only at the end of three years from 2-5-1983. The original petition is without merit and is dismissed but in the circumstances without costs. Dismissed.