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1987 DIGILAW 311 (KER)

Koshi Mathew v. jt. Registrar of Co-operative Societies

1987-07-15

U.L.BHAT

body1987
Judgment :- 1. A copy of the original petition is served on the learned Government Pleader representing the respondents. Learned Government Pleader, on the basis of instructions, has addressed arguments on the questions in dispute. 2. Petitioner is the President of the Service Co-operative Bank Limited, Naranammoohzi. The committee was elected on 22-6-1985 and assumed office on 8-7-1985. According to bye-laws 33 and 35 (Ext. P1) "the elected committee shall bold office for three years from the date of election. It appears the general body of the bank on 11-4-1987 amended bye-law No. 33 so as to provide for a term of five years for the committee. On 8-6-1987 the Managing Committee passed a resolution to amend bye-law No. 35 also so as to increase the term of the elected committee from three to five years and undertook to place the amendment before the general body within six months and seeking interim approval for the amendment. An application was duly submitted. Ext. P6 reminder was sent to the first respondent. Nevertheless the first respondent issued Ext. P7 notice dated 26-6-1987 stating that the term of the Managing Committee expired on 30-6-1987 and appointing an Administrator in the place of the Managing Committee for a period of three months or till the newly elected committee assumes office whichever is earlier. The order was passed dispensing with show cause notice invoking emergency clause. Hence the petitioner has filed this original petition seeking to quash Ext. P7, seeking a writ of mandamus directing the first respondent to register the amendments to bye-laws 33 and 35, seeking a writ of mandamus directing the first respondent to dispose of Exts. P5 and P6 and the application and seeking declaration that the present committee is entitled to continue for a period of five years from the date of election. According to the learned Government Pleader, petitioner is not entitled to any of the reliefs claimed. 3. According to bye-law No. 33, as it is originally stood, members of the elected Managing Committee shall be in office for a period of three years. According to bye-law 35, the Managing Committee can hold office for a period of three years from the date of election and succeeding election should be conducted so as to enable the new Managing Committee to assume office immediately after the expiry of the term of the preceding committee. According to bye-law 35, the Managing Committee can hold office for a period of three years from the date of election and succeeding election should be conducted so as to enable the new Managing Committee to assume office immediately after the expiry of the term of the preceding committee. Thus it can be seen that the period is fixed as three years not only under bye-law 33 but also under bye-law 35. The general body has amended only bye-law 33 so as to provide for the enhanced period of five years. The general body did not amend bye-law No. 35. The Managing Committee however purported to amend bye-law 35 specifically with an undertaking to place the amendment before the general body after the election. I agree with the contention of the learned Government Pleader that unless the general body amends bye-laws 33 and 35 so as to provide for a term of five years, the amendment cannot be recognized or approved or registered. 4. The question next arising for consideration is when exactly did the term of the Managing Committee expire? This Managing Committee was elected on 22-6-1985 and it assumed office on 8-7-1985. Bye-law 35 provides that the term of the Managing Committee shall be three years from the date of the election, and that new election should be conducted so as to enable the new committee to assume office at the end of this period. The intention behind bye-law 35 is that the elected committee shall hold office for a period of three years from the date of election. 5. Sub-rule (1) of R.39 of the Kerala Co-operative Societies Rules reads thus: "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 (including those elected in casual vacancies) 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. (emphasis supplied) According to first part of the sub rule, bye-law shall provide that the term of its committee shall expire on the same date as may be specified. 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. (emphasis supplied) According to first part of the sub rule, bye-law shall provide that the term of its committee shall expire on the same date as may be specified. In other words, it is for the bye-law to provide the date on which the term of the committee expires. The members of the committee shall vacate office on the specified date irrespective of the date on which they were elected. The second part of sub rule states that 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. 6. The statutory authority has proceeded on the basis that there is no specification in the bye-laws of the date on which the term of the committee expires and therefore the date of expiry shall be 30th of June of that year in which the term expires. The committee was elected on 22-6-1985. According to the statutory authority by 30-6-1985 one co-operative year expires and two more co-operative years expire on 30-6-1986 and 30-6-1987. Thus the statutory authority concluded that the term of the Managing Committee expired on 30-6-1987. Even this method of computation is seriously challenged by the petitioner. However, I find it unnecessary to go into that question. 7. According to the petitioner, bye-law 35 must be deemed to have specified date of termination of the period of office of the Managing Committee. Bye-law states that the committee shall bold office for a period of three years from the date of election. Of course in so many terms, the last date of term of the committee is not specified. But that is necessarily implied in the clause that the term of office shall be three years from the date of election. The date of election is something definite and known to all. The date of termination shall be at the end of three years from the date of election. 8. Murray's New English Dictionary gives the meaning of the verb "to specify" as "to mention, speak of or name (something) definitely or explicitly; to set down or state categorically or particularly". The adjective "specific" is explained as "precise ..definite, explicit... The date of termination shall be at the end of three years from the date of election. 8. Murray's New English Dictionary gives the meaning of the verb "to specify" as "to mention, speak of or name (something) definitely or explicitly; to set down or state categorically or particularly". The adjective "specific" is explained as "precise ..definite, explicit... exactly named or indicated, or capable of being so." In Venkataramaiya's Law Lexicon, 2nd Edition, it is stated that the word 'specific' denotes something less exacting than the word 'express'. A thing mentioned definitely or explicitly or stated categorically or particularly or even stated in a manner capable of being definite, explicit, categoric or particular is said to be specific. 9. The bye-law clearly mentions that the term of office of the committee shall be three years, that the term shall commence from the date of election and that it must be possible for the new committee to take charge when term of the old committee expires. This necessarily leads to the conclusion that the term of office expires at the end of three years from the date of election. If the date on which the term of committee commences is mentioned and the period of termination is also mentioned, it must necessarily follow that there is sufficient specification of the date on which the term of office expires. This therefore is a case where there is a specification of the date as contemplated in R.39(1) of the Rules. Since the election took place on 22-6-1985 the specified date roust be taken to be 21-6-1988. The elected committee of which the petitioner is the President can hold office till 21-6-1988 according to the bye-law read with R.39(1) of the Rules. In this view, Ext. P7 order is unsustainable. 10. In the result, the original petition is disposed of as follows, (i) Ext. P7 is quashed. (ii) It is declared that under bye-law 35 read with R.39(1) of the Co-operative Societies Rules, the term of the present Managing Committee is till 21-6-1988. (iii) The part-time Administrator shall put the pre-existing committee in charge immediately. In the circumstances, there will be no order as to costs.