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1986 DIGILAW 184 (KER)

NARAYANAN v. MALOTH SERVICE CO-OP. BANK

1986-06-17

SUKUMARAN

body1986
Judgment :- 1. Maloth Service Co-operative Bank resolved initially to have the election of the Committee on 24-2-1985. The election did not take place on that day. The stay was granted in an Arbitration case challenging the election; the stay was later vacated. Thereafter, on 26-4-1986, the Registrar of the Co-operative Societies instructed that election should be conducted to the Society, but from the stage at which election process was stopped. The petitioner submits that the election which is stated to be conducted, must be one duly complying with S.28 A of the Co-operative Societies Act as introduced by Act 34 of 1985 which came into effect on 25-2-1986. The amendment is one containing salutary provisions. The validity of that Section which enables one seat each for a woman member and a member of the scheduled castes/ scheduled tribes has been upheld by this Court in O. P. No. 3596 of 1986-C. Ordinarily, in the absence of any other compelling reasons, any election after the introduction of S.28 A must be in conformity with that Section. There is no indication in the statutory scheme or otherwise which would justify overlooking the obligations of S.28 A in the election proposed for the Society. On the contrary, the Registrar had issued a circular on 13-5-1985, urging immediate compliance with the new provision and the prompt conduct of election under the changed set up. Para 2 of the Circular reads: "All primary Credit Societies should immediately adopt a Resolution for reserving two seats as per the provisions of the ordinance and for conducting election for the above purpose. The joint Registrar of the District should arrange for the conduct of the election within 3 months following the procedure prescribed in R.35 of K.C.S. Rules." 2. The decisions which have indicated the necessity to continue the proceedings from the stage at which the election proceedings were left off, (see for example George v. Joint Registrar, (1985 KLT 836) are cases covered by R.35(p) of the Co-operative Societies Rules. The situation covered by that rule, namely the polling being interrupted by any riot or affray or taking of the poll not being possible at such election for any sufficient cause, does not exist in the present case. Even otherwise, the provisions of the enactment will have dominance over the rules which form only a subordinate part of the statute. The situation covered by that rule, namely the polling being interrupted by any riot or affray or taking of the poll not being possible at such election for any sufficient cause, does not exist in the present case. Even otherwise, the provisions of the enactment will have dominance over the rules which form only a subordinate part of the statute. The legal position has been explicitly clarified in para 3 of the circular dated 13-5-1985: "If the Society considers it necessary to increase the total number of members of the Committee by two more members, it may do so. The relevant bye-laws will be amended suitably in the next General Body meeting. But the election for filling up the two reserved seats need not wait for the amendments to come into force. Since the Act, as amended now, provides for reservation of seats in the committee these provisions shall prevail over whatever is stipulated in the bye-laws of a society. The bye-laws, may however, be got amended in due course." In that view of the matter, the direction of the Registrar, which is essence, amounts to ignoring the provisions of S.28 A, will be unjustified and vitiated by an error of law. There will be a direction to the 4th respondent to conduct the election, after duly complying with the requirements of S.28 A of the Co-operative Societies Act. The writ petition is disposed of as above. I do not make any order as to costs.