Full Judgment Text
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PETITIONER:
GANPATBHAI N. SOLANKI
Vs.
RESPONDENT:
DISTRICT COLLECTOR, VADODARA & ANR.
DATE OF JUDGMENT: 27/03/1997
BENCH:
K. RAMASWAMY, G.B. PATTANAIK
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
The controversy involved in this case relates to the
terms 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 25, 1982 and
thereafter proviso to Section 74 of the Gujarat Cooperative
Societies Act was amended on July 17, 1984 providing for the
rules of rotation in the matter of retirement of the
members. Subsequently, the election to the Committee was
held on May 16, 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., 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 for the petitioner
that under Section 74-C read 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
President and the Vice-President is co-terminus with the
term 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.
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 General
Meeting. All the members of the
Board 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."
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A reading of its clearly indicates that the first
meeting of the Board 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 be 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 the case may be is/are
elected.
Thus it is clear that though the terms of the Committee
is three years, the term of the President or Vice-President,
as the case may be, elected at meeting of the Board of
Directors, shall be only for one year until the new
President or Vice-President, as the case may be, is elected
again. The collector has been conferred with the power to
call the meeting to elect the President/Vice President in
accordance with the bye-laws. His action, therefore, is in
accordance with law. The special leave petition is
accordingly dismissed.