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"19: Manner of exercising vote:- (1) Every member of Co-operative Society shall exercise his vote in person and no member shall be permitted to vote by proxy.
(2) Notwithstanding anything contained in Sub-section (1), Co-operative Society which is a member of another Co-operative Society may subject to the rules, appoint one of its members to vote on its behalf in the affairs of that other Society."

The statute aforesaid provides that a person to be a Director of the Apex Society has to be a member of the primary society. If as a member of the primary society, a person is elected as Director of the Apex Society, he would complete his tenure of three years. However, if that member happens to be a President of the primary society, his tenure cannot be of three years as Director of the Apex Society as held by the Division Bench. The scope and applicability of Section 19(2) of the Act, was not taken into consideration while deciding Mithu Singh's case (supra). Bye-law of a society can not have over-riding effect over the provisions of the Act. Furthermore, after election as Director of the Apex Society, in the Zonal meeting of representatives of several primary societies, he is to represent such societies. He does not represent as President of particular society. His removal from Directorship is not dependent upon his continuance as President of the primary society. Only on account of disqualification prescribed that he can be removed from Directorship of the Apex Society.

19. Manner of exercising vote.- (1) Every member of a co-operative society shall exercise his vote in person and no member shall be permitted to vote by proxy.

(2) Notwithstanding anything contained in Sub-section (1), a co-operative society which is a member of another co-operative society, may subject to the rules, appoint one of its members to vote on its behalf in the affairs of that other society.

26. Election and nomination of members of Committees.- (1) The members of the committee of a co-operative society shall be elected in the manner prescribed and no person shall be so elected unless he is a share-holder of the society.