PEDNE TALUKA PRATHAMIK SHIKSHAK PAT SAUNSTHA LIMITED Vs. CENTRAL REGISTRAR OF CO OPERATIVE SOCIETIES AND JOINT SECRETARY TO GOVERNMENT OF INDIA

JUDGEMENT

(1.) RULE. The learned Counsel for the respondents waive notice. By consent heard forthwith, respondent No. 5 was a Specified Co-operative Society governed by the Goa, Daman and Diu Specified Co-operative Societies Elections to Committees Rules, 1978. It has 592 Societies as its members and 2664 individual members. However, on 30th May, 1987, Goa was declared as a State and Daman and Diu remained as Union Territories. Respondent No. 5 came to be governed by the Multi-State Co-operative Societies Act, 1984.

(2.) THE present Board of Directors came to power on 22nd July, 1992. The term of office is three years. The Central Registrar-Respondent No. 1- on 22nd June, 1995 directed that a general meeting for elections be held on 31st December, 1995 and by which date the process of amendment to bye-laws and framing of election regulations should be completed. Bye-laws came to be amended in a General Body Meeting on 5th December, 1995. However, respondents Nos. 6 to 9 filed Writ Petition No. 380 of 1995 in this Court on 14th December, 1995, inter alia, praying that directions be given to hold elections to the Board of Directors of respondent No. 5 on or before 30th December, 1995. This Court on 21st December, 1995 directed that the elections be held before 30th April, 1996. It was clarified that if the Returning Officer is to be appointed by respondent No. 1 and/or the respondent No. 2, then the said respondent shall take steps in that behalf well in advance of the said date of 30th April, 1996. Respondent No. 1 has delegated powers to respondent No. 2 under Multi-State Co-operative Societies Act except that under section 9.

(3.) THE Bye-law No. 36 which was amended and sent for approval to the Central Registrar under section 9 (1) of the Multi-State Co-operative Societies Act which came to be approved with modifications by respondent No. 1. It provided that the number of directors are increased and elections are required to be held instead of 9 for 13 members. They were divided into various constituencies. nit Voters Constituency and their Units no. of Directors no. to be elected 1 seva Societies from Goa State 3 2 salary Earners Credit Societies from Goa State. 2 3 urban Banks and Urban Credit Societies from Goa State 1 4 consumers and Marketing Societies from Goa State. 2 5 dairy Societies from Goa State. 1 6 other types of Societies from Goa State 1 7 all types of Societies from Daman District 1 8 all types of Societies from Diu District. 1 9 all individual members 1 (This was apart from five nominated Directors ). It was provided that Voters in respective constituencies and units shall elect their own Directors. It was also stated that the Board shall be elected as per the Election procedure laid down in the Multi-State Co-operative Societies Act, 1984 and Rules framed thereunder and the Goa, Daman and Diu Specified Co-operative Societies Elections to Committees Rules, 1978 (hereafter referred to as the Specified Co-operative Societies Rules ). In view of section 10, amendment to Bye-law came into force on the day it was registered i. e. 9th February, 1996. The petitioners called upon the respondent No. 2 to hold elections as per the Specified Co-operative Societies Rules by communication dated 29th March, 1996. In this petition also they are, inter alia, praying accordingly.