( 1 ) BY this petition filed under Articles 226 and 227 of the Constitution of India, the petitioners assail the letter/communication dated 20-12-2005 issued by the Director (Co-operation) with the approval of the Central Registrar of co-Operative Societies, by which it has been clarified that the term of Office of the present Board of Directors (Respondent Nos. 5 to 20) will be 5 years from the date of election (25-1-2003 ).

( 2 ) THE petitioners have assailed the said letter essentially on the ground that it is grossly illegal, arbitrary and unauthorized since the Certificate of registration dated 1-3-2004 had fixed the tenure of the present Board of directors to 3 years and the tenure of 5 years was for the Board of Directors to be elected in future. The petitioners have therefore sought, interalia, for a writ of certiorari or a writ in the nature of certiorari or any other writ or order and direction to quash and set aside the said clarification contained in the said letter dated 20-12-2005 and also for a further direction to Respondent No. 3-Central registrar to appoint an Administrator to admins. ister the affairs of respondent no. 4-Bank and to direct respondent no. 3 to forthwith hold the elections for the board of Directors of respondent no. 4-Bank as the term of the present Board of directors (Respondent Nos. 5 to 20) expired on 31-1-2006.

( 3 ) ALTHOUGH the petitioners' challenge is limited to the said letter dated 20-12-2005 in relation to the Certificate of Amendment of Registration dated 1-3-2004, there are two other such Certificates brought into controversy, on behalf of the respondents, namely the Certificate of Registration of amendment dated 30-9-2002 by which the Central Registrar had registered the proposed Bye-Law No. 31 setting out the term of Office of the elected members of the Board from 3 years to 5 years and the Certificate of Registration of amendment dated 21-1-2003 by which the Registration Certificate of amendment dated 30-9-2002 was cancelled and the earlier proposed enblock amendment fixing the tenure of the Board for 3 years and that of the Chairman and Vice-Chairman also for 3 years was again fixed for 3 years and that is to say by virtue of the Bye-Laws No. 31 and 35 (ii) of the Bye-Laws sent for registration, on behalf of the Respondent-Bank by letter dated 17-6-2002.

( 4 ) SOME more facts are required to be stated to dispose of this petition.

( 5 ) ON or about 30-5-1987 on the formation of a separate State of Goa and the Union Territory of Daman and Diu, the respondent no. 4 became a deemed Multi-State Co-operative Society by virtue of Section 95 of the multi-State Co-operative Societies Act, 1984 (old Act, for short ). The tenure of the Board of Directors then was for a period of 3 years and that was in view of section 35 (3) of the old Act which provided that the term Office of the elected members of the Board would be such, not exceeding 3 years from the date of election, as may be specified in the Bye-Laws of the Multi-State Co-operative society. On or about 17-6-2002, the Respondent-Bank addressed a letter to the central Registrar seeking registration of amendments to the Bye-Laws and there is no dispute that as per the said letter what was proposed to be registered, inter alia, was Bye-Law No. 31 which provided that the term of Office of the elected members of the Board would be 3 years from the date of election or as may be provided in the Act. It also provided that the elected members would continue to hold Office till their successors were elected or nominated under the provisions of the Act or the Rules framed thereunder. Likewise Bye-Law No. 35 (ii) provided that the term of Office of the Chairman and Vice-Chairman should be for a period of 3 years unless removed from Office by motion of no confidence as per procedure prescribed by Sub-Clause III i. e. by virtue of a motion of no confidence at a meeting of the Board of Directors by a simple majority.

( 6 ) WHIL