Case Note & Summary
The dispute arose from the management of a cooperative society registered under the U.P. Cooperative Societies Act, 1965. The appellants challenged the appointment of an administrator after the term of the committee was claimed to have expired. The poll for new members was held on September 11, 1978, but the results were withheld due to an injunction from a court, which was only lifted when the results were declared on January 28, 1980. The appellants argued that their term should be calculated from the date of result declaration, leading to an expiration on June 30, 1982. The High Court ruled that the term commenced from the date of the poll, thus supporting the administrator's appointment. The Supreme Court, however, held that the term of office for elected members could not begin until they were declared elected. The court clarified that the election process includes the declaration of results, and since the results were declared on January 28, 1980, the term would indeed expire on June 30, 1982. The court quashed the administrator's appointment, reinstated the elected members, and emphasized the sanctity of the election process in cooperative societies. The appeal was allowed, and the High Court's judgment was set aside.
Headnote
A) Cooperative Societies - Election Process - Term of Office - U.P. Cooperative Societies Act, 1965, Section 29(2) - The term of elected members cannot commence until the election result is declared. The court held that the term began from the cooperative year starting July 1, 1979, and ending June 30, 1980, expiring on June 30, 1982, thus invalidating the appointment of an administrator (Paras 208-216). B) Cooperative Societies - Statutory Interpretation - Section 29(4)(b) - The provision does not apply as the election process had commenced with the poll. The court emphasized that the election must progress to the declaration of results, and the administrator's appointment was illegal (Paras 216-217).
Issue of Consideration
From what date does the term of the elected members of the committee of management commence?
Final Decision
The Supreme Court allowed the appeal, quashed the order appointing the administrator, and declared that the term of the committee of management had not expired, directing the administrator to hand over charge to the elected Chairman.
Law Points
- Election process
- term commencement
- cooperative societies
- statutory interpretation
- injunction impact
