KISAN GINNING AND PRESSING CO OPERATIVE SOCIETY Vs. DIVISIONAL JOINT REGISTRAR CO OPERATIVE SOCIETIES AMRAVATI

JUDGEMENT

(1.) IN this petition there involves a short but important question relating to the interpretation of the words "in addition" as used in sub-section (2) of section 73-B as well as section 73-BBB of the Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to as "the Act" ). The petitioner Society is a society registered under the Act. Section 73-B of the Act provides for reservation of seats on committees of certain societies for Scheduled Castes. Scheduled Tribes and members of weaker sections. Section 73-BBB of the Act provides for the reservation of seats for women on the committee of the society who represent the women members, according to the strength of the members of the committee. Bye-laws of the petitioner society do not provide for such reservation, even though the provision relevant to reservation of seats as above is mandatory. On the eve of the election of the petitioner Society, the Assistant Registrar, Co-operative Societies, by his letter dated June, 18, 1992 brought to the notice of the Society the above requirement and adviced the society to amend the Bye-laws of the Society suitably making the statutory provision applicable in the Bye-laws. Therefore, in its Special General Body Meeting of the society held on September 24, 1992, the society amended the Bye-law No. 10 (1) of the Society providing reservation of seats on the committee members of the society as required under section 73-B and 73-BBB of the Act. Approval to the amended Bye-laws has also been accorded by the Assistant Registrar, but the same has been challenged in Appeal under section 152 of the Act before the Divisional Joint Registrar, Co-operative Societies, inter alia on the ground that though the reservation is properly made in the Bye-laws, the amendment is, however, not consistent with the provisions of the Act and the change in the Bye-laws has resulted into disportion between the individual members and the societies constituencies.

(2.) THE Divisional Joint Registrar, Co-operative Societies, by his impugned order set aside the approval to the amendment of the Societys Bye-laws so far it affects the original strength of Board of Directors for individual members as well as societies constituencies. The Divisional Joint Registrar, took the view that there is a disportion between the individual members and the societies constituencies, in as much as the number of members from individual shareholders exceeded than the Co-operative Societies Constituencies. Moreover, according to the Divisional Joint Registrar, the provisions contained in section 73-B and 73-BBB of the Act require that the reserved seats should be "in addition" to the existing strength of the members of the Managing Committee and it is not proper to reduce the representation of individual shareholders and/or increase the representation in case of Co-operative Societies constituencies by making provision for reservations in the Bye-laws. It has, therefore, been directed that the society to maintain the constitution of the Managing Committee of the Society as it was prior to the amendment to the Bye-laws of the Society and to amend the Bye-laws with a provision that the reservation of seats to the aforesaid categories should be "in addition" to the existing strength of the Managing Committee of the Society.

(3.) THAT direction of the Divisional Joint Registrar is questioned in this writ petition.