KISAN GOVINDRAO WALKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This petition under Article 226 of the Constitution raises a question about the interpretation of sub-section (5) of Section 73-A of the Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to as "the Act.)

(2.) The petitioner is the Chairman of the Parseoni Panchayat Samiti Kharedi Vikri Co-operative Society. Prior to May 1, 1981, the area of the operation of the Society was the area consisting of the block, namely, the area of the operation of the Parseoni Panchayat Samiti. By a notification issued under Section 4 of the Maharashtra Land Revenue Code, 1966, the Government converted the said block of the Parseoni Panchayat Samiti into a separate taluka with effect trom May 1, 1981. The petitioner was first elected on November 27, 1973 as Chairman of the Society for a period of 3 years. It appears that the period of the Managing Committee of the Society was extended by the Registrar from time to time and no elections of the Chairman were held after the formation of the independent taluka. The petitioner, therefore, continued to be the Chairman of the Society even after the expiry of the initial term of 3 years for which he was elected in the year 1973. The elections of the office bearers were held on May 13, 1981. In that election, the petitioner was re-elected as the Chairman of the Society, for a further period of 3 years. As a result of the conversion of the block into a Taluka, the area of operation of the Society extended to the Taluka and it became a Society falling in category III of sub-section (2) of Section 73-A, as the Society is a specified. Co-operative Society to which the provisions of Section 73-A are applicable. On August 20, 1983, the Assistant Registrar of the Co-operative, Societies passed an order declaring that since the petitioner had held the office of the Chairman for a continues us period of more than 6 years, he had incurred a disqulification under sub-section (5) of Section 73-A of the Act. It is this order of the Assistant Registrar which is the subject matter of challenge before us.

(3.) It is not disputed that the Society is a specified society to which the provisions of Section 73-A are applicable. Sub-section (1) of Section 73-A, "inter alia, provides that for the purposes of this section, "a designated officer" means the Chairman and the President, and includes any other officer of the Society as may be declared by the State Government, by notification in the Official Gazette, to be a designated officer, but does not include any officer appointed or nominated by the State Government or by the Registrar. It is, therefore, clear that the petitioner being the Chairman of the Society is a designated officer for the purposes of Section 73-A. Sub-section (2) of Section 73-A classifies the Societies in three different categories and provides as under :