AI Structured Summary
Not yet generated for this judgment
Judgment
Susanta Chatterji, J.—Having heard the learned lawyers for the respective parties and the Special Officer, it appears that in terms of the Court''s order the election of the Directors of the Society is going to be held. An objection has been taken to the steps taken by the Administrator regarding the representation of the Credit Societies and Non-Credit Societies.
The attention of the Court has been drawn to a resolution that out of nine members of the Board to be elected there should be, at least six persons from the Credit Societies and three from Non-Credit Societies.
Pursuant to the Court''s order, the alleged resolution and the bye-law have been produced before this Court. It is admitted that the bye-law is silent with regard to the aspect of this matter. It is clear from the bye-law that the Managing Committee shall consist of line Directors elected from the affiliated Societies and there will -be three nominees from the State Government.
The attention of the Court has been drawn to Rule 36(2) of the West Bengal Co-operative Societies Rules, 1987, wherein it has been provided as follows:
Every society may for the purpose of election of directors, divide its membership into different convenient groups, specify in its bye-laws the number or portion of the members of the Board who may be elected to represent each such group in the Board and specify further that such representative may be elected (a) by all the members of the society, or (b) by only particular group of members of the society to which the representative vacating the office belonged.
The learned Advocates appearing for-the Administrator and the State have tried to impress upon this Court that, if there is no classification, there will be no representative of the Non-Credit Societies and the democratic process will not serve the purpose.
The learned Advocate, appearing for the writ Petitioners, however, submitted that any resolution must be consistent with the by-laws, and even having an opportunity to amend the by-laws, this classification is absent.
The attention of the Court has been drawn to a case Ziley Singh, etc. Vs. Registrar, Cane Co-Operative Societies and Others, It appears from the said decision that the Co-operative Society for the purpose of electing members to the Committee of Management of the Society divided its delegates, constituting general body of the Society into 14 constituencies. The Committee of Management consisted of 14 members. Each constituency elects one member to the Committee of Management. That mean''s each delegate in a constituency would exercise only one vote to elect a member to the Committee of Management. In the said case, a few days before the date of election the Registrar of Co-operative Societies directed that each delegate would exercise 14 votes to elect the 14 members of the committee, irrespective of constituencies. This direction of the Registrar was challenged. The questions which arose for determination were whether the Registrar had the power to interpret the rule dealing with votes of the delegates and, if so, whether that interpretation was correct in terms of the Act and the Rules.
With anxiety, this Court has considered the ratio of the judgment. -However, this Court is of the view that where the by-law is silent there cannot be any resolution which will be inconsistent with the by-law. It is very clear that there will be election for the membership of the Board. There cannot be any water-tight compartment to justify in a remote corner that it can be against the Credit Society or Non-Credit Society. This treatment will not make such representation of the comprehensive character.
Considering this aspect, this Court does not permit making of the compartmentalisation or classification of both types of Societies for the purpose of representation in the Board.
The Special Officer will take steps to conduct the election irrespective of such classification and the steps taken by the Administrator in this behalf.
It is brought to the notice of the Court that beyond the prescribed time, the filing of the nomination has been made. It is for the Special Officer to take effective steps strictly in accordance with law and strictly in accordance with the direction of the Court. The election be held accordingly.
It is submitted that the election will be completed before January 15, 1993.
Considering the submissions of the respective parties, time is extended till the end of January, 1993, to complete the election.
It is made clear that the Special Officer will consider at filing of the nomination form since time is extended. The Administrator will continue till the election is over.
Let a plain copy of this order duly counter-signed by the Assistant Registrar (Court) be handed over to the Special Officer for necessary action and compliance.