LAWS(KER)-2019-12-19

CIRCLE CO-OPERATIVE UNION ALWAYE Vs. JOY PAUL

Decided On December 06, 2019
Circle Co-Operative Union Alwaye Appellant
V/S
Joy Paul Respondents

JUDGEMENT

(1.) The challenge in the appeal is against a decision of the learned single Judge, which read down the stipulation of election from amongst the categories of societies, confining it to Section 88 (1) (c) of the Act.

(2.) The learned counsel appearing for the appellant would contend that the election of the 7 members from each category of societies has to be from amongst such categories alone. The learned counsel appearing for the respondent would contend that in fact the stipulation is that though the nomination can be from the specific categories, the election has to be from all categories of societies affiliated to the Circle Co-operative Union. Voting rights cannot be curtailed and it has to be conceded to the members of all categories of societies. Essentially what the respondents contend before us is that while electing the seven members as provided under Section 88(1)

(3.) Sub Clause (b) to (d) causes no difficulty in interpretation. As per clause (b) two members are to be elected by the employees of the affiliated co-operative societies within the circle, by clause (c) one member from the women members of the committees of the affiliated societies referred to in clause (a), and clause (d) requires one member belonging to the Scheduled Castes (SC) or Scheduled Tribes (ST) elected by the SC or ST members of the committees of the affiliated societies referred to in clause (a); all from among themselves. The electorate in so far as (b), (c) and (d) is very clearly prescribed in the statute itself as (i) the employees of the co- operative societies, (ii) women members of the committees of the affiliated societies and (iii) SC and ST members of the committees of the affiliated societies. The words employed 'from among themselves' clearly indicates the intention of the legislature which is each of such members in clauses (b), (c) and (d) are to be elected from the separate electorate mentioned in those distinct clauses.