Kerala High Court
Thodupuzha Taluk Co-Op. Marketing ... vs Joint Registrar Of Co-Op. Societies on 12 December, 2001
Equivalent citations: 2002 A I H C 2354, (2002) 1 KER LT 638
Author: K.A. Abdul Gafoor
Bench: K.A. Abdul Gafoor
JUDGMENT K.A. Abdul Gafoor, J.
1. A Co-operative Society has approached this Court seeking a direction to the respondent to appoint a returning officer for the conduct of the election as requested for in Ext. P 3. According to the petitioner the seats set apart for woman and members of Scheduled Castes are vacant. Those have to be filled up. In such situation it is only appropriate that election to all the seats be conducted simultaneously in order to minimize the expenditure. It is in that perspective Ext. P3 resolution was adopted and the respondent was requested to appoint a returning officer for conduct of the election. But the action is being taken.
2. It is submitted by the Government Pleader that that request has been rejected as the present Board of Directors of the petitioner society can continue till 31.12.2002 and as the time for conducting the election has not yet reached.
3. It is contended by the petitioner that there is no prohibition as per the Kerala Co-operative Societies Act, 1969 or the Rules framed thereunder in conducting an election before the expiry of the term of the existing committee or even if the existing committee will be having a right to continue for one more year in office. So the stand taken by the respondent is not correct.
4. Election to the committee of a co-operative society is governed by the statutory provisions contained in Rule 35 of the Kerala Co-operative Societies Rules. The said Rules deals with the procedure for conduct of election. When a particular procedure is statutorily prescribed from the conduct of election. When a particular procedure is statutorily prescribed from the conduct of election, necessarily that statutory mandate shall be followed without fail. There cannot be any elasticity when the statute prescribes a particular procedure. Clause (1) to Rule 35 reads as follows:
"The Committee shall meet atleast 60 days in advance of the date of expiration of its term and pass a resolution fixing the date, time and place for the conduct of the election of the new committee."
So the committee can request for appointment of a returning officer for the purpose of election of a new committee only when its term is due to expire. As is revealed by Ext. P 1 judgment itself this court has given a declaration that the present committee "is entitled to continue in office till 31.12.2002". In such circumstances the stand of the respondent cannot be said to be unjustified as it is in accordance with the procedure laid down in Rule 35(1).
The Original Petition is disposed of as above.