The term of office of cooperative society committees must adhere to specified bye laws, with strict deadlines for elections as per statutory rules.

1A copy of the original petition is served on the learned Government Pleader appearing for the respondents. I have heard both sides.

2The petitioner is a cooperative society registered under the Kerala Cooperative Societies Act, 1969, for short 'the Act'. The present Managing Committee of the society was elected on 12-8-1984 and assumed office on 19-8-1984. The Managing Committee on 17-6-1987 passed a resolution fixing 16-8-1987 as the date of election of the succeeding Managing Committee and forwarded a copy of the resolution to the first respondent by registered post. On 27-6-1987 resolution was returned with a request to submit it through proper channel, viz., the second respondent. According to the petitioner, second respondent has already taken a decision to supersede the Managing Committee and appoint an Administrator in its piece on the ground that the term of office of the committee expired on 30-6-1987 and that the Managing Committee had cot taken steps sufficiently early for the conduct of election of the new Managing Committee. Petitioner would contend that the term of office of the present committee will expire only on 18-8-1987; alternatively petitioner has a contention that term of office would expire only on 30-6-1988. Hence the society has filed this original petition seeking writ of certiorari quashing all proceedings initiated by the first respondent for taking over the management of the society and seeking declaration that the present Managing Committee is entitled to continue in office till the expiry of the three year period.
The contention of the petitioner is that bye law Nos. 33 and 35 provide three years from the date of taking charge as term of office of the elected Managing Committee and therefore the committee has life till 18-8-1988. Alternatively it is contended that if the later part of R.39 of the Kerala Cooperative Societies Rules, for short 'the Rules' is applied, term of office will end only on 30-6-1988 and not on 30-6-1987. It is further contended that in any view of the case since the Managing Committee has taken steps sufficiently early to constitute the new committee the term of office should be extended by the Registrar under R.39(2) of the Rules.

3Learned Government Pleader would contend that the bye law does not specify the date on which elected Managing Committee should vacate office and in any event the date specified is not 'same date' and therefore second part of R.39 would be attracted in the instant case. It is further contended that the year contemplated in the bye laws and the Rules is the year beginning from First July and ending with Thirtieth of June and the third year on such computation would end on 30-6-1987 and the appointment of the Administrator is justified. That being so, it is contended, the Managing Committee did not take steps sufficiently early to enable the new Managing Committee to take over and the Registrar should not be compelled to extend the term of office under R.39(2) of the Rules. Learned Government Pleader also submitted that the decision in Sadanandan v. Joint Registrar (1985 KLT 136) and the decision in OP No. 5251 of 1987 (1987 (2) KLT 179) are not fully consistent with each other. Learned counsel appearing on both sides also refer to the decisions in OP No. 1349/60, OP No. 2523/67 and in Hydrose v. Deputy Registrar of Cooperative Societies (1971 KLT 753).

4S.28 of the Act deals with the appointment of committee. Sub-s. (1) states that the general body of the society shall constitute a committee in accordance with the bye laws and entrust the management of the affairs of the society to such committee. R.35 lays down the procedure regarding conduct of election to the committee of the societies. Sub-rule (3)(a) requires that the result of the elections shall also be recorded in the minutes book of the society and attested by the Returning Officer and shall also be notified immediately on the notice board of the society. The members so elected shall be d