Supreme Court of India

GANPATBHAI M. SOLANKIversusDISTRICT COLLECTOR, VADODARA AND ANR.

Citation: 1997 INSC 328
Decided: 27 March 1997
Disposal: Dismissed
Bench: K RAMASWAMYG B PATTANAIK

Holding

The President and Vice‑President are elected for a one‑year term and the Collector’s authority to convene the election meeting is valid, so the petition is dismissed.

Summary

The case concerned the Baroda District Cooperative Milk Producers' Union Ltd., where the Committee was elected for a three‑year term, but the Collector convened a meeting to elect a President and Vice‑President for a one‑year term. The petitioners argued that, under Sections 74‑C and 145(2) of the Gujarat Co‑operative Societies Act, the President and Vice‑President should hold office for the same three‑year period as the Committee, making the Collector’s notice ultra vires. The Court examined the relevant bye‑law 40.1, which expressly provides that the President and Vice‑President are elected at the first Board meeting after the Annual General Meeting and hold office only until the next election, i.e., for one year. It held that the bye‑law governs the term of office and is consistent with the Act, and that the Collector is empowered by the bye‑law to call the election meeting. Consequently, the petition challenging the Collector’s action was dismissed. The special leave petition was therefore dismissed.

Issues considered

The term of office of the President and Vice‑President under Sections 74‑C and 145(2) of the Gujarat Co‑operative Societies Act
Whether the Collector has authority to call a meeting for election of President and Vice‑President under the bye‑law
Whether the petition challenging the Collector’s notice is maintainable

Legislation cited

Gujarat Co-operative Societies Act, 1961s. 145(2), s. 74-C

Subjects

cooperative societiesterm of officeelectioncollector's powersbye‑lawGujarat Co-operative Societies Actspecial leave petition

Judgment

                      GANPATBHAI M. SOLANKI                                    A
                                      v.
         DISTRICT COLLECTOR, VADODARA AND ANR.

                             MARCH 27, 1997

           [K. RAMASWAMY AND G.B. PATTANAIK, JJ.]                               B

      Gujarat Co-operative Societies Act, 1961 : Sections 74-C and 145(2).

       Board of Committee-Presidellt and Vice Presid.mt-Tenn of the Of-
fices of the President and Vice-President-Held not co-tenninus with Com- C
mittee.

       Baroda Disflict Co-operative Milk Producers Unio1r-Election of Com-
mittee-Subsequent meeting convened by Collector for Election to Office of
President and Vice-President-Oia/lenge to action of Collector-Head though
the tenns of the C01.nmittee is three years, the tenn of the President or D
Vice-President, as the case may be, elected at the meeting of the Board of
Direct01~; shall be only for one year until the new President or Vice-President,
as the case may be, was elected again-171e Collector has been confe1Ted with
the power to call the meeting to elect the President/Vice President in accord-
ance with the bye-laws-His action, therefore, was in accordance with law.        E
      CIVIL APPELLATE JURISDICTION: Special Leave Petition (C)
No. 6456 of 1997.

     From the Judgment and Order dated 25.2.97 of the Gujarat High
Court in L.P.A. No. 473 of 1995.                                                F
      Arrant Palli, Mahesh .Agarwal, Atul Sharma and E.C. Agarwala for
the Petitioner.

      The following Order of the Court was delivered :
                                                                               G
       The controversy involved in this case relates to the term of the offices
of the President and the Vice-President of the Board of the Committee. It
is not in dispute that the election to the Baroda District Cooperative Milk
Producers' Union Ltd. was held on June 24, 1982 and thereafter proviso
to Section 74 of the Gujarat Cooperative Societies Act was amended on ' H
                                      391
    392                  SUPREME COURT REPORTS                   [1997] 3 S.C.R.

A July 17, 1984 providing for the rule of rotation in the matter of retirement
    of the members. Subsequently, the election to the Committee was held on
    May 18, 1994. A meeting was convened by the Collector for election of the
    President and the Vice-President. Calling that action of the Collector, the
    petitioner had filed a writ petition which was dismissed. On appeal, viz.,
B   L.P.A. No. 473/97, by Judgment dated February 25, 1997, the Division
    Bench has confirmed the same.                                                   ...
          It is contended for the petitioner that under Section 74-C reads with
    sub-section (2) of Section 145 of the Gujarat Cooperative Societies Act,
    the term of the Committee is three years and, therefore, the term of the
C   President and the Vice-President is co-terminus with the terms of the
    Committee. As a consequence, the notice issued by the Collector to
    conduct the meeting for electing the President and the Vice-President is
    without authority of law. We find no force in the contention..

D        It is true that under Section 74-C read with Section 145(2), the
    term of the elected Committee is three years but the bye-law 40.1
    provides thus :

             "The first· meeting of the Board of Directors after the Annual
             General Meeting shall be called within one month of the Annual
E            General Meeting. All the members of the Boards present as its
             meeting shall elect its President and Vice-President for the year
             and the President and Vice-President shall hold the office until a
             new President or Vice-President as the case may be is/are elected."

           A reading of it clearly indicates that the first meeting of the Board
F
    of Directors, after the Annual General Meeting shall be called by the
    Collector within one month of the Annual General Meeting. Thereon all
    the members of the Board as would he present at its meeting shall elect
    its President and Vice-President for the year and the President and Vice-
    President shall hold the office until a new President or Vice-President as
G   the case may be is/are elected.

          Thus it is clear that though the terms of the Committee it three years,
    the term of the President or Vice-President, as the case may be, elected at
    the meeting of the Board of Directors, shall be only for one year until the
H   new President or Vice-President, as the case may be, is elected again. The
         G.M. SOLANKI v. DISTI. COLLECTOR, VADODARA                    393

Collector has been conferred with the power to call the meeting to elect      A
the PresidentNice-President in accordance with the bye-laws. His action,
therefore, is in accordance with law. The special leave petition is accord-
ingly dismissed.

T.N.A.                                                  Petition dismissed.
                                                                              B

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