Members of Board to hold office till the date specified by Government.

Sathiadev, J.

1. Seven members of Ammaiyarkuppam Saravanan Weavers Co-operative Society, Ammaiyarkuppam-petitioners in W.P. No. 11904 of 1988 are the appellants herein and the four respondents therein are the respondents herein. This writ appeal is preferred against the order dated 18.11.1988 in W.M.P.Nos. 17747 and 20091 of 1988 in W.P. No. 11904 of 1988.

2. The writ petition was filed for issue of a writ of mandamus directing respondents to maintain the status quo as on 13.4.1988 permitting the petitioners to function as members of the Board of Management of the said society, and pending its disposal, in W.M.P. N0. 17747 of 1988, they have sought for an interim direction which is no different from the prayer made in the writ petition. Respondents 1 to 3 preferred W.M.P. No. 20091 of 1988 to vacate the interim stay granted pending the writ petition on 7.10.1988, and both these W.M.Ps. came to be disposed of together on 18.11.1988, vacating the interim direction given on 7.10.1983, dismissing W.M.P. No. 17747 of 1988 and allowing W.M.P. No. 20091 of 1988. Hence this writ appeal.

3. In the writ petition (ranking of parties as in W.P.) Petitioners claimed that they were duly nominated members the Managing committee of the society for the period from 1.6.87 to 31.5.1988 under Bye-law No. 20 of the Society read with the proviso to Section 27 of the Tamil Nadu Co-operative Societies Act, 1961 (hereinafter referred to as the old Act). On their ushering of Tamil Nadu Cooperative Societies Act, 1983 (hereinafter referred to as the new Act), by virtue of Section 33(5), they are entitled to continue as members of the Board of Directors to manage the affairs of the society since they were legally and validly holding office as Directors on 13.4.1988 when the new Act came into force. Section 33(5) read as follows:

Not withstanding anything contained in this Act or in any other law for the time being in force the term of office of every member of every board constituted under the Tamil Nadu Co-operative Societies Act, 1961 (Tamil Nadu Act 33 of 1961) and holding office as such on the date of commencement of this Act shall expire on such date as may be specified by the Government, by notification and different dates may be specified for classes or categories of societies.

4. In May, 1988, Government announced its decision to hold elections for electing members to the Board of Management in Co-operative Societies in Tamil Nadu, and accordingly, notification dated 21.5.1988 was issued under Rule 52(6) of the Rules fixing the schedule for holding the elections. However, by G.O.Ms. No. 345, Co-operation dated 18-8-1988, Government cancelled the holding of election, and there is no likelihood of election being held in near future. A Special Officer came to be appointed for the period upto 12.10.1988. As his term would expire on that day, and under Section 89 of the new Act, neither his appointment nor his continuance is valid, the members of the Managing Committee who were holding office on 13.4.1988 alone are entitled to be in Office, and therefore, the writ petition had to be filed.

5. In the counter-affidavit filed by respondents 1 to 3 it was stated that the Board of the Society consists of seven members, and they were being nominated from time to time, and the last nomination was for the period from 1.6.87 to 31.5.88. Hence, on expiry of the period on 31.5.1988, they had no right to continue to be in office, and hence, a Special Officer came to be appointed under Section 89(4) of the Act. Initially, he was appointed for the period upto 12.10.1988, but it has since been extended for a further period till 25.12.1988. The Special Officer had been appointed under the said section "only for the societies where the term of nominated Boards expire." Section 33(5) will apply only to elected Boards, that were constituted under the old Act, because Section 27(1) reads as under:

The general body of a registered society shall constitute a committee in