RAGHUNATH SHANKAR PATIL Vs. COLLECTOR

JUDGEMENT

(1.) RULE made returnable forthwith. By the impugned order dated 8th July, 1991 passed by the Collector, raigad, the meeting of the members of the Managing Committee of the raigad District Central Co-operative Bank Limited, Pen, which was convened to be held on 10th July, 1991 for electing the designated officers i. e. the Chairman and the Vice-Chairman has been cancelled. According to the collector, the said meeting was liable to be cancelled as representatives of two constituencies had remained to be elected. In my judgment, the collector has erred in holding that the elections of Chairman and Vice. Chairman cannot be held because representatives of two constituencies had remained to be elected. Section 73 (3) ,'a) and (b) provides as under :

(2.) SECTION 144-Y (2) which is relevant on the issue at hand provides as under :

(3.) A reading of the aforesaid provisions would make it clear that once there is a valid election of 2/3rd of the number of members, the Managing committee would be deemed to have been validly constituted. Once the managing Committee is so constituted, it is incumbent upon respondent no 3 Society to hold elections of its designated officrrs i. e. Chairman and vice-Chairman. The said elections are to be held at a meeting of the Committee of Respondent No. 3 which meeting is required to be presided over by the Collector.