JUDGMENT - MRS. MANOHAR SUJATA, J.:—The petitioners are members and shareholders of the Development Co-operative Bank Limited, the 6th respondent, which is a Multi-State Co-operative Society registered under the Multi-State Co-operative Societies Act, 1984. The petitioners have filed the present writ petition challenging the acceptance by the returning officer (respondent No. 7) of the nomination of respondent No. 8, Baddruddin Ahmed Pradhan for the post of the President of respondent No. 6 Bank at the elections held on 23rd April, 1989 and the subsequent election of respondent No. 8 to the post of the President of respondent No. 6 Bank.

2. For the purpose of this petition it is necessary to state in brief the history of this Bank. Prior to 30th June, 1981 there was a co-operative bank known as the Ismailia Co-operative Bank Limited. Respondent No. 8 was the President of this bank since March 1979. There was also in existence another Co-operative Bank known as the Masalawala Co-operative Bank Limited. Both these banks were registered under the Maharashtra Co-operative Societies Act, 1960. Both these banks were amalgamated by an order dated 30th June, 1981 passed by the Divisional Joint Registrar, Co-operative Societies, Bombay, in exercise of powers conferred on him under sub-section (1) of section 17 of the Maharashtra Co-operative Societies Act, 1960. As a result of this amalgamation a new bank viz., respondent No. 6 Bank was brought into existence and the registrations of the two amalgamating banks in terms of the provisions of section 9(1) of the Maharashtra Co-operative Societies Act, 1960 were cancelled from the date of the order of amalgamation.

3. As per the scheme of amalgamation, a Board of Directors consisting of eight directors was nominated to hold office for a period of three years from the date of the order. Respondent No. 8 was nominated by this order as the President of the Board of Directors. Respondent No. 8 continued to hold the office of the President by nomination till 1986.

4. On and from 16th September, 1985 the Multi-State Co-operative Societies Act, 1984 came into effect. The 6th respondent Bank, which had its area of operation not merely in the State of Maharashtra but also in part of Andhra Pradesh, was deemed to be registered under the Multi-State Co-operative Societies Act, 1984. On the date when the Multi-State Co-operative Act, 1984 came into operation respondent No. 8 was holding the office of President of respondent No. 6 Bank by nomination. He continued to so hold this post. The election of the President and the members of the Board of Directors of the 6th respondent Bank was held for the first time on 6th April, 1986. At these elections respondent No. 8 was again elected as the President of the Board of Directors of respondent No. 6 Bank.

5. Under the provisions of section 35(3) of the Multi-State Co-operative Societies Act, 1984 the terms of office of the elected members of the Board shall not exceed three years from the date of election. Accordingly, on 15th March 1989, an election programme was declared for elections to be held on 23rd April 1989 to the Board of Directors, including the President of the 6th respondent Bank.

6. Respondent No. 8 again filed his nomination for the post of the President of the Board of Directors of the 6th respondent Bank on 3rd April 1989. Petitioner No. 1 objected to the nomination form of respondent No.8 on the ground that he was not entitled to stand for election for another term of office as President of the 6th respondent Bank in view of the provisions of section 37 of the Multi-State Co-operative Societies Act, 1984. Despite this objection, however, respondent No. 7, who was the returning officer, accepted the nomination of respondent No. 8.

7. On 12th April, 1989 the petitioners filed Writ Petition No. 1115 of 1989 challenging the acceptance of the nomination of respondent No. 8 by the Returning Officer. This writ petition, however, was rejected by a learn

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