MOHAMMED BASHEER Vs. STATE OF KERALA

JUDGEMENT

(1.) WHERE the Managing committee of a Co-operative society is elected in April 1985, for a term of three years, does the term expire in 1987 or in 1988? A learned single judge has held that the term expires in 1987 and act in 1988. Hence this appeal.

(2.) THE appellant is the President of the Managing committee of Mannancherry Service Co-operative Bank, a society governed by the provisions of the Kerala Co-operative Societies Act, the rules and its own bye-laws. THE Managing Committee was elected to office on the 24th of April, 1988. Under the bye-laws, the term of the committee was for three years from the date of election. THE appellant believed that this committee can continue in office till 1988. But the department seemed to think otherwise and apprehending that an administrator would be appointed displacing the committee on the ground that the term of office of the committee has expired and no new committee has been constituted, the appellant filed OP No. 5666 of 1987 on 24th june, 1987 for the issue of a writ of prohibition or any other appropriate writ, order or direction directing the authorities not to terminate the term of the managing committee of the society till 21st April, 1988 and for appropriate relief. A learned single judge of this Court by his judgment dated 4th August, 1987, held that the first year of the committee elected for a three year term on April, 1985 expired two months later in June 1985, the second year in June 1986 and the third year in June, 1987. THE learned judge followed his own reasoning in an earlier decision in Vadakkekara S. Co-op. Bank v. Jt. Registrar (1987 (2) KLT 391). In that decision the learned judge dissented from his earlier view in koshi Mathew v. Jt. Registrar of Co-operative Societies (1987 (2) KLT 179). In this view, it was held that there was no justification to restrain the authorities from appointing an administrator. If the learned judge was wrong in his interpretation of the relevant bye-laws and the rules, the appellant is entitled to succeed and he can continue in office till 1988. We shall proceed to read and understand the relevant bye-laws and the rules and refer to the decisions of this Court a little latter.

(3.) R. 39 (1) providing for election and expiry of the term of the members of the committee reads thus: "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 (including those elected in casual vacancies)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. "