SEKH NASIRUDDIN Vs. STATE OD ORISSA

JUDGEMENT

(1.) PETITIONER No. 1 was elected as the President of Nayagarh regional Co-operative Marketing Society Ltd. (in short "nayagarh R. C. M. S. Ltd. ") on 29-7-2004 and thereafter he continued as such. Petitioner Nos. 2 to 5 are the elected members to the Committee of Management of nayagarh R. C. M. S. Ltd. They assumed the office on 30-7-2004. According to the provision in Section 28 (1-aa) of the Orissa Cooperative Societies Act, 1962 (in short 'the Act') the term of office of the Committee shall be for four years from the date of assumption of office by the Committee and in that respect the date of election of the President shall be deemed to be the date of assumption of office by the Committee.

(2.) ALLEGING breach of that provision of law by the opposite party members in passing the order Annexure-1 by superseding the committee and vesting the authority with a. R. C. S. , Nayagarh to manage the day-to-day affairs of the Nayagarh R. C. M. S. Ltd. w. e. f. 25-4-2007 until further order is under challenge. That order was passed on 13-6-2007.

(3.) OPPOSITE party No. 3, i. e. , deputy Registrar of the Co-operative Societies, Puri, has filed the counter affidavit stating therein that petitioner Nos. 1 to 5 were elected as members of the Primary Co-operative Societies respectively on 25-4-2003, 18-3-2003, 17-5-2003, 12-12-2003 and 25-4-2003. According to Section 28 and the Rules and Bye laws, validity period of membership in the primary Co-operative Societies is for four years and their membership expired on each of them completing four years and, therefore, in view of the provision in Section 28 (1-b)read with Section 16 (1-a) and Section 16-A (1) (a)they were no more eligible to hold the post in the Committee, i. e. . Nayagarh R. C. M. S. Ltd. and under such circumstances whether or not they are directed to vacate the office, they are functus officio by lapse of time and direction in Annexure-1 authorizing the A. R. C. S. , Nayagarh to manage the affairs of Nayagarh R. C. M. S. Ltd. is to be appreciated accordingly.