MANOHAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution the validity of sub-section (5) of S. 73-A of the Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to as "the Act) has been called in question.

(2.) Section 73-A of the Act was inserted in the Act by the Maharashtra Cooperative Societies (second Amendment ) Act, 1969 (Act No. XXVII of 1969), which came into force on July 1, 1971 . Sub-section (5) of S. 73-A runs as under: "(5) No person shall be , or shall continue to be a disignated officer of any society of anyof the categories referred to in sub-section (2) for a consecutive period of more than six years, and at the expiration of that period any such person shall appointed as a designated officer, until a periof of three years has elapsed after the expriy of the aforesaid period of six years. Explanation: For the purposes of this sub-section - in calculating the consecutive period of six years in office, any period for which the person concerned may have been such officer, before the commencement of the Maharashtra Co-operative Societies (Second Amendment ) Act, 1969, shall be ignored; if any person resigns his office as a designated officer at any time within twelve months of the date on which the consecutive eriod of six years would, but for his regisnation, have been completed, he shall be deemed to have completyed the period of six years on his resignation."

(3.) The facts which had led to the challenge of this provision are not in dispute. The petitioner is a member of the vidarbha premier. Co-operative Housing Society Limite. Which is a society registed under the Act, The petitioner is and Honorary Secretary of the society. Initially he was co-opted as the Honorary Secretary on July1, 1977 Prior to that on Nov 8, 1970 he was elected as a Member of the Managing committee. He was re-elected as a member of the Managing Committee on December 30, 1973 and as soon as there was a vacancy in the office of the Honorary Secretar of the society, on July1, 1977, he came to be co-opted as the Honorary Secretary of thesociety, As per Bye -law No. 34 of the Bye-laws of the Society , he was entitled to remain in the office for a period of five years. On the expiry of his term, fresh elections were held on November 28, 1982 . wherein he was elected as a Honorary Secretary , which post he could hold for a further period of five years as per Bye-law No. 34 However, as a result of sub-section (5) of section 73-A , he has incurred a disability to hold office on his completing his total tenure of six years on July 1, 1983.