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Showing contexts for: two consecutive term in Col. Suresh Chand (Retd.) & Another vs Delhi Co-Operative Tribunal & Ors. on 19 November, 2009Matching Fragments
(a) if he has held any such office on that committee during two consecutive terms, whether full or part;
(b) if he holds any such office on a committee of another co-operative society of the same type;
(c) if he holds any such office on the committees of three or more co-operative societies of a different type or different types:
Provided that nothing contained in this sub-section shall be deemed to disqualify any such person for election as, or for being, a delegate of a society or a member of another committee.
(6) xxxx xxxx xxxx xxxx"
It is apparent that by virtue of Section 31(5)(a), a person was disqualified for election to the office of the president, vice-president, chairman, vice-
chairman, managing director, secretary, joint secretary or treasurer of a committee, if he had held any such office in that committee during two consecutive terms, whether full or part. In other words, an office bearer of the committee was prohibited from seeking re-election for the third consecutive term. The registered bye-laws of the Panchshila Co-operative House Building Society Ltd deal with various issues. Chapter VIII deals with the Managing Committee. Bye-law 24(b) reads as under:-
"24. (a) xxxx xxxx xxxx xxxx;
(b) Committee members shall be elected and hold office for a term of three years. One third members of the committee shall retire every year by rotation. They shall be eligible for re-election but no member including President, Vice-President, Chairman, Managing Director, Secretary, Joint Secretary and Treasurer shall hold office not exceeding six cooperative years spread over two consecutive terms whether full or part. These office- bearers shall also not be eligible to hold such offices on a Committee of another cooperative society of the same type or on the committee of more than three different types of Societies.
(d) xxxx xxxx xxxx xxxx;
(e) xxxx xxxx xxxx xxxx."
16. The aforesaid bye-law 24(b) also makes it clear that no member, including the president, vice-president, secretary, joint secretary and treasurer, shall hold office not exceeding six cooperative years spread over two consecutive terms, whether in full or in part. It is apparent that bye-law 24(b) of the bye-laws of the society was in consonance with Section 31(5)(a) of the old Act. Thus, there was consistency between the old Act and the registered bye-laws of the society. Section 9(1)(c) of the old Act required that the proposed bye-laws, should not be contrary to the provisions of the Act and the Rules made thereunder. It is only if the Registrar was satisfied that the bye-laws were not contrary to the provisions of the Act and the Rules, that the Registrar was to register the society and its bye-laws. There is no denying that the present bye-laws, which include bye-law 24(b), are registered and were so registered under the provisions of the old Act.