SADANANDAN Vs. JOINT REGISTRAR

JUDGEMENT

(1.) SECOND respondent is a co-operative Society. Election to the managing committee of the Board of Directors was held on 27-9-1981 since the term of the previous committee was to expire on 30-9-1981. Polling had to be stopped at about 2. 50 p. m. on account of rioting and violence. Meanwhile, first respondent-Joint Registrar of Co-operative Societies extended the term of the then existing committee up to 31-12-1981. The committee resolved to conduct the polling on 30-12-1981. Polling was conducted and the petitioner and six others were elected. Two members filed OP. 7234/81 in this Court challenging the continuance of the polling on 30-12-1981 and pleading for polling afresh. The. court granted an interim order staying implementation of the results of the election. On 31-12-1981 the first respondent under Ext. P1 dated 31-12-1981 appointed a part-time Administrator for a period of six months or till the constitution of the new committee and also directed the petitioner to take steps to constitute a new committee as per rules. The original petition was dismissed on 15-3-1983 under Ext. P2 judgment. The court directed the first respondent to pass appropriate orders to enable the elected committee to assume office and also to elect a President within 15 days. The new committee elected the petitioner as the President and according to them, they took charge on 2-5-1983. The new committee passed Ext. P3 resolution on 22-6-1984 requesting the first respondent to allow the committee to continue in office for a period of three years from 2-5-1983. The first respondent under S. 39 (2) of the Kerala co-operative Societies Act (for short, the Act) passed Ext. P4 order extending the term of the committee till 31-12-1984 or till a new committee is constituted. In other words, the request of the committee to be allowed to continue in office till the expiry of three years from 2-5-1983 was rejected. The petitioner, as authorised by the committee, has filed this original petition seeking a declaration that the term of the committee is for three years from 2-5-1983 and seeking a writ of mandamus directing the first respondent to modify Ext. P4 order suitably.

(2.) THE only question which arises for consideration in the original petition is when exactly the term of the managing committee commenced and when it ceases. THE first respondent proceeded on the basis that the terra of the committee ceased on 30-6-1984and extended the term till 31-12-1984. Petitioner would contend that the new committee was constituted only on 2- 5-1983 when it took charge and therefore its life will continue till the expiry of three years from that date.

(3.) R. 38 of the Rules deals with constitution of committee, resignation and removal from membership. Sub-rule (1) states that when a committee is constituted under S. 28 it shall elect its President and other office bearers within one week from the date of its constitution. It shall also by a resolution authorise the officers concerned, to take charge from the outgoing office bearers. R. 39 deals with election and term of the members of the committees. Sub-rule (i) states that 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 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. Sub-rule (2)states that the election of all the members of the committee referred to in sub-rule (i) shall be held on or before the expiry of the term of office of the committee members. If for any reason, election is not held, the Registrar may extend the term until such time within which the election should, in his opinion, be held.