NAGEN DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Question raised in this appeal is that in view of Ninety-seventh Amendment to the Constitution of India, term of elected Body of a Co-operative Society is five years under Article 243ZJ(2) and the State of Assam has also amended the State law to that effect. Thus, the appellant is entitled to continue in office for five years, which is not yet over. There is no question of retrospectivity as the three years term of the appellant is not yet over. Question of retrospectivity will apply only when the term of the elected body is already over before the amendment. Learned counsel for the State has not been able to dispute the above legal position.

(2.) The amendment has come into force on 15.2.2012. The State Act i.e. Assam Cooperative Societies Act, 2007 has been amended on 5.2.2013 as follows:

(3.) In view of above position, the term of office of the elected members is five years and is applicable to all such elected members who are holding office as on 5.2.2013. In view of above, we allow this appeal and quash the notice dated 28.06.2013 for holding the fresh election.