GANPATBHAI M SOLANKI Vs. DISTRICT COLLECTOR VADODARA

JUDGEMENT

(1.) - The controversy involved in this case relates to the term of the offices of the President and the Vice-President of the Board of the Committee. It is not in dispute that the election to the Baroda District Co-operative Milk Producers' Union Ltd. was held on June 25, 1982 and thereafter proviso to Section 74 of the Gujarat Co-operative Societies Act was amended on July 17, 1984 providing for the rule of rotation in the matter of retirement of the members. Subsequently, the election to the Committee was held on May 16, 1994. A meeting was convened by the Collector for election of the President and the Vice-President. Calling that action of the Collector, the petitioner had filed a writ petition which was dismissed. On appeal, viz., L.P.A. No. 473/97, by judgment dated February 25, 1997, the Division Bench has confirmed the same.

(2.) It is contended for the petitioner that under Section 74-C read with sub-section (2) of Section 145 of the Gujarat Co-operative Societies Act, the term of the Committee is three years and, therefore, the term of the President and the Vice-President is conterminous with term of the Committee. As a consequence, the notice issued by the Collector to conduct the meeting for electing the President and the Vice-President is without authority of law. We find no force in the contention.

(3.) It is true that under Section 74-C read with Section 145(2), the term of the elected Committee is three years but the bye-law 40.I provides thus: