NARAYANAN Vs. MALOTH SERVICE CO OP BANK

JUDGEMENT

(1.) Maloth Service Cooperative Bank resolved initially to have the election of the Committee on 24-2-1985. The election did not take place on that day. The stay was granted in an Arbitration case challenging the election; the stay was later vacated. Thereafter, on 26-4-1986, the Registrar of the Cooperative Societies instructed that election should be conducted to the Society, but from the stage at which election process was stopped. The petitioner submits that the election which is stated to be conducted, must be one duly complying with S.28A of the Cooperative Societies Act as introduced by Act 34 of 1985 which came into effect on 25-2-1986. The amendment is one containing salutary provisions. The validity of that Section which enables one seat each for a woman member and a member of the scheduled castes/scheduled tribes has been upheld by this Court in O. P. No. 3596 of 1986-C. Ordinarily, in the absence of any other compelling reasons, any election after the introduction of S.28A must be in conformity with that Section. There is no indication in the statutory scheme or otherwise which would justify overlooking the obligations of S.28A in the election proposed for the Society. On the contrary, the Registrar had issued a circular on 13-5-1985, urging immediate compliance with the new provision and the prompt conduct of election under the changed set up. Para 2 of the Circular reads:

(2.) The decisions which have indicated the necessity to continue the proceedings from the stage at which the election proceedings were left off, (see for example George v. Joint Registrar, ( 1985 KLT 836 ) are cases covered by R.35(p) of the Cooperative Societies Rules. The situation covered by that rule, namely the polling being interrupted by any riot or affray or taking of the poll not being possible at such election for any sufficient cause, does not exist in the present case. Even otherwise, the provisions of the enactment will have dominance over the rules which form only a subordinate part of the statute. The legal position has been explicitly clarified in para 3 of the circular dated 13-5-1985: