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1995 Supreme(SC) 66

B.L.HANSARIA, KULDIP SINGH
Dinesh Prasad Yadav – Appellant
Versus
State Of Bihar – Respondent


Advocates:
ALKA JHA, ANIL JHA, ARVIND VERMA, B.B.Singh, PRAMOD DAYAL, S.B.SANYAL, SHANKAR GOPAL PAGIRE, SUNIL GUPTA

JUDGMENT

KULDIP SINGH, J.- The term of office of the members of the Managing Committee of a society registered under the Bihar Cooperative Societies Act, 1935 (the Act) and the Bihar Cooperative Societies Rules, 1959 (the Rules) is three "cooperative years". The State Government, under the Act, has a right to nominate - depending upon its share in the share capital of the society - certain number of members to the Managing Committee of a society. The question for consideration is whether the three-year term of the Managing Committee is to be counted from the beginning of the "cooperative year" in which the elections by ballot are held or from the "cooperative year" when the nominations are made by the State Government?

2. Before stating the necessary facts, it would be useful to examine the relevant provisions of the Act and the Rules. These are Sections 2(bb), 2(e), 14(2), 14(4), 14(9) and the first proviso to Section 14(10) reading as under:

"2. (bb) Cooperative year means a year beginning with the 1st April and ending on the 31st March.

2. (e) Managing Committee means the committee of management or other body to whom the management of the affairs of a registered society is entruste









































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