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Judgment
A short but somewhat interesting question arises for decision in these two cases as to whether the election of the Chairman of a registered co-operative society can take place only after the election of the members of the managing committee is complete or it can be held simultaneously with their election.
Learned Counsel for both sides have placed reliance on Rule 21-A of the Bihar Co-operative Societies Rules, 1959 (in short ''the Rules''). That rule reads as follows:
21-A. Notwithstanding any rule and bye-laws of any society the election of the members of the managing committee; office-bearers thereof and the delegates of the society shall be held in a special General Meeting in accordance with Rule 21-B to 21-X: Provided that the election of a newly registered society shall be held in the Preliminary General Meeting according to Rule 20(2)(a) to (e).
While Mr. Ajyendu Bose laid emphasis on the use of the word ''thereof occurring in Rule 21-A as also in Sub-rule (4) of Rule 21-H and proviso to Rule 22(1) submitting that it suggests the pre-existence of the committee with its members, Mr. Rana Ravindra Kumar Singh submitted that both the members of the managing committee and its office-bearers are to be elected in the special general meeting i.e. by the members of the cooperative society. Therefore, in the absence of any bar express or implied their election can be held simultaneously. Counsel for the parties also referred to certain other provisions.
There is no dispute that a person may be elected for more than one office at a time. This is clear from the form prescribed for filing nominations in Form XXIII and Rule 21-O, which in its material part provides:
If a candidate is elected simultaneously for more than one office of the Managing Committee and/or members of the Managing Committee, in that case, he shall have the option to retain one seat only and shall vacate the remaining seats of the concerned society in writing to the Election Officer within 24 hours of the publication of the result of the election and such seat vacated by such candidate shall be filled in by the next candidate securing the next highest vote.
Mr. Bose contended that a non-member cannot be the office-bearer. He, however could not point out any bar in the Bihar Co-operative Societies Act or the Rules. The provisions, in fact, suggest to the contrary. Section 2(gg) of the Act defines the term ''office bearer'' of a managing committee to mean and include the Chairman, the Vice-Chairman, the Secretary, the Joint Secretary, the Treasurer or any such functionary by whatever name he may be designated. Section 2(e) defines ''managing committee'' as well to mean the committee of management or other body to whom the management of the affairs of a registered society is entrusted. It is obvious from bare perusal of these provisions that no sooner a person is elected office-bearer of the managing committee of a registered co-operative society, he becomes part and parcel of the committee of management. Besides that it is difficult to conceive the situation in which a person eligible to seek election for the post of office-bearers of the committee as well as the Chairman of the society would successfully contest the election for the post of Chairman but would fail to be elected as member.
In the absence of any provision creating bar either express or by necessary implication, there is no difficulty in holding that the election of the Chairman or other office-bearers of the managing committee of a registered co-operative society can be held along with the election of the members of the managing committee simultaneously.
In C.W.J.C. No. 6723 of 1992 the election process has already been completed. In C.W.J.C. No. 5131 of 1992 at the time of filing of the writ petition, the election process was under-way. However, it has been stated at the Bar that during the pendency of the writ petition the election process has been completed. For the aforesaid reasons, we are not able to find any fault with the election held simultaneously for the office of the Chairman as well as the members of the managing committee. These writ petitions, accordingly, are devoid of merit and are dismissed.
However, dismissal of these writ petitions will not affect the merit of the election petitions, which we are told, have been filed before the competent authority.