SHAMBHU PRASAD ROY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has challenged the order of the Joint Registrar Co-operative Societies. Chapra setting aside his election as Chairman of the Vijaypur Vyapar Mandal Co-operative Society. We could have relegated the petitioner to the appellate forum but having regard to the fact that the writ petition was entertained by a Bench of this Court and also having regard to the question involved, we heard parties or merits. The facts giving rise to this application are as follows.

(2.) The election of the members and officer-bearers of Vijaypur Vyapar Mandal Co-operative Society Ltd. (in short 'the Society') was held on November 22, 1986. One Nand Kishore Singh was elected as the Chairman. He died during currency of the term. The petitioner was co-opted in his place as the Chairman on April 10, 1988. On expiry of the term of members and office-bearers of the said Managing Committee election was held on December 15, 1989. The petitioner was elected as the Chairman. The term of the new Managing Committee expired on March 31, 1992. Since fresh elections could not be held within the stipulated period the Managing Committee stood dissolved and an Administrator was appointed. The election was finally held on June 6, 1993. The petitioner was again elected as the Chairman. His election however, was challenged on the ground that he had already been an office-bearer of the Managing Committee for two consecutive terms and, therefore, in terms of Section 14 (8) of the Bihar Co-operative Societies Act, 1935 (in short, the Act), he was not eligible for election. The ground found favour with Joint Registrar. By the impuged order dated November 23, 1993 the election was set aside.

(3.) The facts mentioned eereinabove are not in dispute. The only contention raised on behalf of the petitioner is that he having been elected as an office-bearer (Chairman) of the Managing Committee only once the bar of Section 14 (8) of the Act was not applicable According to the petitioner the term of office within the meaning of Section 14 (8) must mean full term and not part thereof. The question for consideration is whether a person having served as an office-bearer of the Managing Committee for part of the stipulated term (of three co-operative years) can be said to have completed full term so as to attract the mischief of Section 14 (8) of the Act.