KESARI Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the President of Ayiroopara Farmers Service Cooperative Bank Ltd., (for short 'the Bank') which is a Coopera live Society. The third respondent, who is the Inspector of Cooperative Societies, gave a direction to the Bank to take steps for electing a new committee for the Bank. The directive was contained in Ext. P2 communication dated 16-3-90. This Original Petition is for a declaration that the present committee of the Bank is entitled to continue till 8-6-1991. Another relief prayed for is to quash the above said directive contained in Ext. P2.

(2.) The present committee took over on 9-6-86. The relevant clause in the Bye laws of the society says that the committee shall hold office for a period of 5 years. This much is admitted. On the strength of the said clause petitioner claims right to continue in office till 8-6-1991.

(3.) The contention of the petitioner would perhaps have been sustainable, but for the addition of Explanation to R.39(1) of the Kerala Cooperative Societies Rules, 1969 (for short 'the Rules') which was brought into effect from 28-8-89 onwards. As per R.39(1) the bye laws of every society shall provide that the term of its committee shall expire on the same date as may be specified and all the members of the committee shall vacate their office on the date specified irrespective of the date on which they were elected. It is further provided in the sub-rule 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. Though no date as such is specified in the bye laws of the Bank, the relevant clause therein permitted the Board of Directors to continue in office for a period of five years. The question is, how to reckon each year in order to decide whether the committee can continue further. To find answer to the said question Explanation added to R.39(1) is to be read.