The determination of the term of a managing committee in a Co-operative Society is primarily governed by the bye laws and statutory provisions, with the constitution of the committee taking place through the election process.

1. Second respondent is a co-operative Society. Election to the managing committee of the Board of Directors was held on 27-9-1981 since the term of the previous committee was to expire on 30-9-1981. Polling had to be stopped at about 2.50 p.m. on account of rioting and violence. Meanwhile, first respondent-Joint Registrar of Co-operative Societies extended the term of the then existing committee up to 31-12-1981. The committee resolved to conduct the polling on 30-12-1981. Polling was conducted and the petitioner and six others were elected. Two members filed OP. 7234/81 in this Court challenging the continuance of the polling on 30-12-1981 and pleading for polling afresh. The. court granted an interim order staying implementation of the results of the election. On 31-12-1981 the first respondent under Ext. P1 dated 31-12-1981 appointed a part-time Administrator for a period of six months or till the constitution of the new committee and also directed the petitioner to take steps to constitute a new committee as per rules. The original petition was dismissed on 15-3-1983 under Ext. P2 judgment. The court directed the first respondent to pass appropriate orders to enable the elected committee to assume office and also to elect a President within 15 days. The new committee elected the petitioner as the President and according to them, they took charge on 2-5-1983. The new committee passed Ext. P3 resolution on 22-6-1984 requesting the first respondent to allow the committee to continue in office for a period of three years from 2-5-1983. The first respondent under S.39 (2) of the Kerala Co-operative Societies Act (for short, the Act) passed Ext. P4 order extending the term of the committee till 31-12-1984 or till a new committee is constituted. In other words, the request of the committee to be allowed to continue in office till the expiry of three years from 2-5-1983 was rejected. The petitioner, as authorised by the committee, has filed this original petition seeking a declaration that the term of the committee is for three years from 2-5-1983 and seeking a writ of mandamus directing the first respondent to modify

Ext. P4 order suitably.

2. The only question which arises for consideration in the original petition is when exactly the term of the managing committee commenced and when it ceases. The first respondent proceeded on the basis that the terra of the committee ceased on 30-6-1984and extended the term till 31-12-1984. Petitioner would contend that the new committee was constituted only on 2- 5-1983 when it took charge and therefore its life will continue till the expiry of three years from that date.

3. We may examine the relevant provisions of the Act and the Kerala Co-operative Societies Rules (for short, the Rules). S.2(u) of the Act defines "year" as the period commencing on the first day of July of any year and ending with 30th of June of the succeeding year; in the case of any registered society or class of registered societies, the accounts of which are made up to any other date with the previous sanction of the Registrar, the year ending with such date. S.28 of the Act deals with the appointment of the committee-The general body of a society shall constitute a committee in accordance with the bye laws and entrust the management of the affairs of the society to such committee. Where the bye laws so provide the Registrar may nominate all or any of the members of the committee for such period as may be specified in the bye laws.

4. R.35 of the Rules lays down procedure regarding conduct of election to the committee. Resolution has to be passed fixing the date, time and place for the conduct of the election. The Registrar has to appoint the returning officer, who has to take all necessary steps for the conduct of the. election. The returning officer has to send intimation regarding the details to all members included in the final list of voters. The committee in office has to prepare a list of members qualif