Bombay High Court
Kartarsing Pardeshi
Versus
State of Maharashtra
Decided On:

Headnote:Article 227-Elections to Board of Directors of Co-operative Book Election Rule providing that ever1 voter should vote for all 11 seats-In case voters gave more or less votes than 11 votes-whether such vote can be invalid dated-Held-No.

       Held, every voter has right to give the vote at his discretion. If the voter does not choose to give all the II votes and restricts his choice, such vote, on that count itself, can be invalidated, such vote as given within the permissible limit can not be invalidated.

       Sections 73-B, 2 (25), 2 (10)-Banking Regulation Act, 1949, Section 56 (ccv)-Notification dated 6-7-71 issued under provisions of Section 73-B of Act, 1961 directing reservation of seats for Scheduled Castes and Scheduled Tribes members on committee of credit resource societies-Whether not applicable to Primary Co-operative Bank as defined in Section 56 (ccv) of Act, 1949Held-Yes.

       If the two definitions, namely, the definition of primary co-operative bank and the definition of primary credit society in Banking Regulation Act, 1949, are considered together, one thing is quite certain that the primary co-operative bank cannot be and could never be taking the character of primary credit society. If the two institutions, namely, primary co-operative bank" and "primary co-operative credit society" are separately defined even under the provisions of Maharashtra Co-operative Societies Act via Section 2 (10) and Section 2 (25), then they must be considered as independent entitles. By their separate definitions themselves, the difference in the character of these two entities is highlighted. While the credit resource society strives to obtain credit for its members and thus has the objective of individual betterment, of its members the Co-operative bank is a business organisation. Under such circumstances, merely because the notification, which is issued under the provisions of Section 73-B of Maharashtra Co-operative Societies Act, mentions "credit resource societies", it cannot be held that by term "credit resource societies" the notification also meant to take into its fold the "primary Co-operative bank." Taking this view of the matter, it will not be possible to accept the argument of the Counsel that the notification dated 6th July, 1971, also applies to primary Co-operative Bank and, therefore, the provisions of Section 73-B, which make the reservation compulsory, are also applicable to the said bank, respondent No.6.

       Section 56 (ccv)

       See Maharashtra Co-operative Societies Act, 1961, Sections 73-B. 2 (25) and 2(10).

       For Citation : 1993 Mah LJ 1206 (DB)