S. B. MAJMUDAR, J, J.

( 1 ) A Division Bench of this Court consisting of two of us (Chief Justice under NDVBJ), by its order dated 12-7-1993, in Writ Appeal No. 1509 of 1993, has referred the following question for decision of the Full Bench under S. 7 of the Karnataka High Court Act, 1961 :"whether the decision of the Division Bench in Rangaiah v. Managing Director, Tumkur Co-operative Market Producers Societies Union Ltd. , reported in ILR 1992 Kant 3784, is correct when it takes the view that as per sub-sec. (4) of S. 28a of the Karnataka Co-operative Societies Act, 1959, the term of elected President of the Cooperative Society is for the duration of the co-operative year?"accordingly, this Full Bench was constituted for deciding the said referred question.

( 2 ) WE have heard the learned Advocate for the appellant in Writ Appeal, who has contended that the referred question be answered in the negative. We have also heard the learned Government Advocate appearing for respondent No. 1, who has contended that the referred question should be answered in the affirmative. Similar was the argument by the learned counsel for the respondent No. 3.

( 3 ) BEFORE we deal with the question as referred for our consideration, it would be necessary to glance through few background facts.

( 4 ) THE appellant in writ appeal, from which this reference arises, was elected as a President of the 2nd respondent-Society on 2-2-1993. The 2nd respondent is a co-operative society functioning under the provisions of the Karnataka Co-operative Societies Act, 1959 (hereinafter referred to as the 'act' ). It has no individual members, but its members are the Primary Co-operative Societies functioning within the area of co-operation of the 2nd respondent-society. The Managing Committee of the 2nd respondent was elected on 31-12-1991. That thereafter, the office-bearers of the 2nd respondent-society were also elected in the beginning months of 1992. In the present controversy, we are concerned with the term of the elected President, who is one of the office-bearers of the 2nd respondent-society. The term of that elected first President of the 2nd respondent society expired on 31-12-1992. Thereafter, fresh elections of the office bearers of the 2nd respodent-society were held and in the said elections appellant in the writ appeal was elected as the President. It is the contention of the appellant-President that his term of office would be at the highest for a period of 12 calendar months according to British calendar and therefore, his term would end by 31 -1 -1994 and not before that. Alternatively, it is his contention that even considering that calendar year was to end on 31-12-1993, the term of office of the President would expire by 31-12-1993 but not before that date in any case. The first respondent, the Registrar of Co-operative Societies, functioning under the Act, issued a direction to the 2nd respondent society that it should hold fresh election for the President of the 2nd respondent society, as the term of office of the elected President would expire on 31-3-1993. The appellant-President, naturally feeling aggrieved by the said direction of the first respondent has filed a Writ Petition No. 13924 of 1993 in this Court challenging the said direction of the first respondent. The learned single Judge, granted stay of the proposed elections to the office of the President of the 2nd respondent-society on 4-6-1993. Respondent No. 3, who is a candidate for a Presidentship of the 2nd respondent society, filed a vacate-stay application in the writ petition. The learned single Judge, after hearing the learned Advocates of the contesting parties, vacated the interim order dated 4-6-1993. That was presumably done on account of the fact that a Division Bench of this Court in Rangaih v. Managing Director, Tumkur Co-operative Market Producers Societies Union Ltd. , ILR 1992 Kant 3784, has taken the view that the term of office of the President of the co-opera

Click Here to Read the rest of this document