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2019 DIGILAW 1035 (KER)

Circle Co-Operative Union Alwaye, Office Of Assistant Registrar (General) v. Joy Paul

2019-12-06

K.VINOD CHANDRAN, V.G.ARUN

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JUDGMENT : K.Vinod Chandran, J. The challenge in the appeal is against a decision of the learned single Judge, which read down the stipulation of election from amongst the categories of societies, confining it to Section 88 (1) (c) of the Act. 2. The learned counsel appearing for the appellant would contend that the election of the 7 members from each category of societies has to be from amongst such categories alone. The learned counsel appearing for the respondent would contend that in fact the stipulation is that though the nomination can be from the specific categories, the election has to be from all categories of societies affiliated to the Circle Co-operative Union. Voting rights cannot be curtailed and it has to be conceded to the members of all categories of societies. Essentially what the respondents contend before us is that while electing the seven members as provided under Section 88(1) (a) of the Co-Operative Societies Act, the persons nominated has to be identified from such categories as prescribed by the Government. The electorate would comprise of all the members together of the different categories of societies affiliated; which forms the constituency. 3. Sub Clause (b) to (d) causes no difficulty in interpretation. As per clause (b) two members are to be elected by the employees of the affiliated co-operative societies within the circle, by clause (c) one member from the women members of the committees of the affiliated societies referred to in clause (a), and clause (d) requires one member belonging to the Scheduled Castes (SC) or Scheduled Tribes (ST) elected by the SC or ST members of the committees of the affiliated societies referred to in clause (a); all from among themselves. The electorate in so far as (b), (c) and (d) is very clearly prescribed in the statute itself as (i) the employees of the cooperative societies, (ii) women members of the committees of the affiliated societies and (iii) SC and ST members of the committees of the affiliated societies. The words employed 'from among themselves' clearly indicates the intention of the legislature which is each of such members in clauses (b), (c) & (d) are to be elected from the separate electorate mentioned in those distinct clauses. 4. Viewed in this context clause (a) also poses no problem in interpretation. The words employed 'from among themselves' clearly indicates the intention of the legislature which is each of such members in clauses (b), (c) & (d) are to be elected from the separate electorate mentioned in those distinct clauses. 4. Viewed in this context clause (a) also poses no problem in interpretation. Section 88(1) (a) is extracted hereunder: “Constitution of Circle co-operative Union.- (1) The Government shall, by notification in the Gazette, constitute a Circle Co-operative Union for each circle in the State with the following members, namely:- (a) seven members representing the various categories of affiliated societies within the circle, elected, in such manner as may be prescribed, by the members of the committee of each manner as may be prescribed, by the members of the committee of each such category of societies from among themselves;” 5. No word employed in the statute is to be deemed to be superfluous. The words 'from among themselves' as used in the other clauses mandate the election of seven members also to be from the specific categories; which categories have not been identified in the statute. However the provision confers power on the executive government to prescribe the manner of election of members within the various categories; which power impliedly requires the identification of the categories also to be as prescribed by the government. When the manner of election to the identified categories are prescribed then necessarily the members have to be elected from amongst themselves, ie: from among the members of each such category of societies; which distinctly form the electorate of the particular category. 6. The prescription is available in Rule 128, which speaks of the manner in which the elections are to be conducted and specifies the categories and the number of representatives who are to be elected from each such category. Clause (i) requires four members to be elected from the members of Committees of Primary Agricultural Credit Co-operative Societies, clause (ii), a member from among the members of the Committees of Societies other than Primary Agricultural Credit Co-operative Societies, clause (iii), one member from among the members of Committees of Dairy Co-Operative Societies and Fisheries Co-Operative Societies and clause (iv) one member from among the members of the Committees of Industrial Co-operative; thus, totally seven members. 7. 7. The apprehension expressed by the learned counsel for the respondent is also that if in Clause (iii), the person nominated is from the Dairy Co-Operative Societies, the members of the Fisheries Co-Operative Societies would be totally excluded. We do not think that there is any room for such apprehension, since the categories have been prescribed by the Government as permitted by the statute distinctly in clauses (i) to (iv) under Rule 128(1). The first category is the Primary Agricultural Credit Cooperative Societies and the second comprises every society other than a Primary Agricultural Credit Co-operative Society, which in fact would include a Dairy Co-Operative Society, Fisheries Co-Operative Society and Industrial Co-operative Society. The other category comprises both the Dairy Co-Operative Societies and Fisheries Co-Operative Societies which together is permitted only one member. Even if the nominated candidates; in that category comprising of two types of Societies, is from one type of Society, the electorate would be the members of the Committees of both the Dairy Co-Operative Society and the Fisheries Co-operative Society; voting together. The third category again is the Industrial Co-operative Society from whose Committee members one member is elected. We are of the opinion that the only interpretation possible of Section 88 is as above and there is no anomaly or an obvious contrary intention discernible in the section; which would require an exercise of reading down. On the above reasoning, we set aside the impugned judgment and direct that the election be carried on in the manner indicated by us. The writ appeal is allowed. No order on costs.