BABAJI KONDAJL GARAD ETC. v. THE NASIK MERCHANTS CO-OPERATIVE BANK LTD., NASIK & ORS. ETC

Citation: [1984] 1 S.C.R. 767

Court: Supreme Court of India

Bench: D.A. DESAI, O. CHINNAPPA REDDY, A. VARADARAJAN

Case summary

the eJected memberS the High Court held that it Was not imperative that.

Judgment text

·. BABAJI KONPAJl GARAD ETC.. · • . • l'. THE NASIK MERCHANTS CO-OPERATIVE llANK: i:ro. ,. NASIK & ORS. ETC. . October 31, 1983 '1. . • (0,A. DESAI, 0. CHINNAPPA REDDY & A. ·VARADAIWAN, JJ. J Maharashtra Cooperative· Societies -_-ACt~ ! 96~Set.. _73]! interpretation of-·Reservation oftWo Seats for Scheduled Caites/Schedμled ~ribes and weak~r . ~ection Qn committee ofa s"pecified societY. manda,ory-Restrved ~eats to be filled in primarily by e/ection-FailinK. election alone leats may befilled by appointmenl Or co-option. Election held pilrsuant lo election notifiCf! Jion not mentioning" . . reservation ofseats-Illegal. Jnterpretation-'The ;quity ofthe statute'-Method of construction of ·.. statute-Used-ih the past-Siill in vogue. ·iegislature u~es appropriilte. la'nguage to n1anifest its intentiOn. _, Admini~trativ~ La.. ;_Bye~Jaw. --St~us D the ground that the whole "or the· election Programme is vitiated on ·aecount of its Don cOmplian~ w. ith' the · .

mandatory"·statutory pi'ovision ~n~cted in 'sec. 73B which prescribed . reservation · Or seats;·o'ne iii favo_ur of Sched~uled Castes or Scheduled TtjbeS and another ill favour of weaker section from the me·mbers · of: the society.. The Additional CotnmiSsloner Who heard the election petition . de~tW. ed. the election of ·the elected Members as void ·and ineffective. On·a writ petition. filed by -soipe o(. the eJected memberS the High Court held that it Was not imperative that. the . reserved seats must be filled_in"nlY by election and tlii: mantlate of. sec. 73B would be adequately complied With if reserved seats· are filled. in by co-option and there was Do error in . copducting. the eiei;:tion. In these appeals the appelR ~ lants submitted that sec"73B proceded to make a··statutorY rese. rv-3tion. of -two · Seat~ and declared its preference in favour of 'filling in ihl reserve·d Seats by ' SUPRm. ill COURT REPORTS . (1984] 'f s. C. R. • ,,, . election f~iling which alone !

he reserved seats wer~·to be fil! ed in by appoint- ' ment or co-option. · The respondent submitted lllat the fil! ing of the reserved · seat. s was a sine qua non; the method of fit. ling reserved Seats was . directory ·arid .. l . therefore any of the three modes could be adopted. · Allowing the appeals, HBLD : ~he election in questiol). is·. exfacie illegal, i. rivalid arid cont:ary - .. to law. (781 FJ .. Sec;tion 73 . of the Act requires the Collector to hold election in accordance with the Act including sec. 73B. ·· The. failUr~ to hold election in accordance With the.. Act including sec. 73B. ·would' vitiat_e. the whi:>Ie. ele. ction programm'e from commencement till the end. It woU1d all the more be so because . the failure to hold elvction accord. in& to the. provisions of the Act which denies an opportunity to the persons Who are eliS:ible to get elected tO the reserved seats would certainly v. itiate the whole elect. ion programme. Therefore, the . Collector .

must specify in the election programme inter alia that tfiCre are rCserved seats to be filled in by election and the class in whose favour reservation is made. This wi11 be notice to the me~bers eligible for cont! sting election io reserved · seats so that they may fill in their nomination. 1n the instant case there is not ·even a whisper in the ele~tion programnie whether ·any of the Sea. ts were resei'ved. The omission is glaring and fatal. Therefore, it can be safely concluded that the. election is held. in violation of sec. 73B, ·[781 D-FJ Any provision making for reservati~n must receive such construction as would ad:vance the·purjJose and ·intendn1en~'t. underlying the provision making reservation arid not thwart it. ·In the past a method of construction was used . to extend a_re1nediafstattite.. called pro_ceeding upon 'the equity of :the statute'. Now a ·dayS even· though that 1nethod of coh. stru.

ction has fallen into disuse, It is ;till in vogue in somewhat similar from in that if it is manifest that the principles ofjustice require somCt. hing to b. e done which· is not expressly Provided for in ·an Act of Parliament; a cour. t of justice will take into consideration the '! Pirit and meaning of the Act apartfrom the. wor. ds. · [775 G-H; 776 BJ , . ~ . Hay v. LordP;ovost ofPerth, (18fi3] 4 Macq. H. L. (S. C. ) 535 at 544; Re Beth/em Hospital [1875] L. R:19 Eq. 457 and Craies StaJute Law, Seventh Edition P. 101-103 . referred to. · No canon of. COnstrliCtion·can be said to be· more firmly establised than this th~t the legislature"uses appropriate language to manifest its intentiq_n.. In the instant case, the use of the expression •shall' ·in . sec. 73B . clearly mandates obligatiOn to reserve. The·section itself clearly manifests- le&islative intention when it says that 'ifno such persons are elected or appointe~,' thC reserved s~at. S maY be filled'in by co-option. T.

JJe Ia3guage and ·the chrono_logy of the me_thodology of filling in reserved seats employed in sec. 73B pfovide a _clue to its correct construction and there should be:~o doubt that oppoitunity must be Provided fOr filling'.. i11· seats by election. It is· the failure of the election .. machinery to fill in the seats by election Which would enable the· concerned • authority to fill . in seats by appintmeμt or co-option. (776 G-H; 777 A,B] · • a. m. GARAD v. coon; BANK 769 The bye-laws of a cooperative society. ·framed in putsua'nce of the provisLon of the relevant A~t cannot be held to be law or to have the force of iaw. . They are neither statutory in character-nor they have statutory flavour so as to be raised 'to· the status of law. If there is any c_pnftict between a statute and the subordinate legislation, the. stat"ute prevails over subordinate _legisl8. tion and the.

bye~law if not in conformity"With the statute in order to giv~ effect to thC statutory·provision the rule or ,bye. law has to be· 'ignpred. The statutory provision has pre~edence and must be colnplied with. [78. 0 B·CJ In the instant case sec. 73B'provides a legis. lative mandate. -. Rule 61 has a status ofsubsidiary legislation i>r delegated legislation. [779 HJ Co-operative Central Bank Ud. and Ors. v. Additional Industrial T-ribunal, An. dhra Pradesh and Ors. [1970] l S. C. R. • 205 referred to, A v_iew of law or a legal provision eXpressed by a Government Officer cannot aff~rd reliable basis or even guidance in the matter of construction of ! Cgislative measure. It is the_ Junction df the Court to con. stfue legislative measures and in reaching. the correct mtaning of a statutory provision, OpiniOn of executive branch is hardly relevant. Nor can the Court abdicat-e in favour of such opinion: 'Jn the instailt case the opinion of the Deputy RegiStrat. as.

-D expressed in his letter and circular has no relevRnCe. (780 F-G; D] CIVIL APPELLATE JURISDICTION: Civil Appeal No. 11991 Of. 1983. _,. Froin the Judgment and Order dated the 27th April, 1983 ·or the High Court of Bombay in Writ Petitio~ No. 392 of 1982. ~ AND Civil Appeal No. 1810/81. From the Judgment and Order dated the 8th July, 1981 of the >. ""-. High Court of Bombay in WritPetitiou No. 1484of1981. -,. V. M. Tarkunde, Mrs. M. Karanjawala and R. Karanjawala, for the appellant in C. A. No. 11991/83. • .. • M. N. . Phadke, C. K. Ratnaparkhi and A. N: Sawant for the respondents in c:A. No. 11991/83. . . . . · P. R. Mrif/#1, P. N. Parekh . and P. Mishra for the respondent No. J ' • R. P. Bhatt, K. Rajenara Choudhary and K. S, Choudhary for'. the ·appellant in C. A. No. 1819/81. · · ' · '"' .. 110 . s.! JPRliME co\JRT RBPOR'i's 11984) 1s. c. ;ll Dr. N. M~ Ghatate; S. V. Deshpande, V. B. Joshi and M. N. Shroff for the respondents in C. A. No. -. 1. 810/81.

·' The Judgment of the Court was delivere~ by DBSA! , J. eonstruction of Sec. 73B of the Maharashtra Co- •operative Societies Act,. 1960 ('Act' for short) figures in· these two appeals aris,ing from the two decesions rendered by the )lombay ~Iigh 0urt, covpring the same P. Oint and reachfog the same conclusion, but the latter one does not take note of the earlier decision. ·Re: S. L. P. (Civil) No. 7732 83: The Nasik Merchants Co-operative ·Bank Ltd. , the first responde'nt, is a co-operative Ban]> deemed to be . c registered under. the Act and is governed by the Act. It was regis- . ·,~ . tered on June 11, 1959. It 'is a specified society within the meaning of. the expression in Sec. 73G(l)(vit) of the Act. Accordingly the election of the members of theCommittee and the election of the office•bearers by the Committee of the first respondent would be subject to the prqvislons of Chapter f{I-A and has to be conducted in the manner prescribed in the Chapter. · Tlie Committee in which .

)· management of the first· respondent vests, is designated as Board of I -~ Directors.... The term of the i,ne~bers of . the Board of Directors. js five years. The. election to . the Board of Directors for the period 1981-82 tol985-86 became due. As required by Sec. 144'C, the E· Collector having jurisdiction in the mattet notified the programme of election on Octobe. r 29, 1981. At. the relevant time, the strength . of the. Bo. ard of Directors was -15 in uumber. 14 Directors were.. to b~ elected by membe~s and one was to be nominated by the Central Co-operative Bank; It. is not disputed but in fact conceded that . ihe election programme notified by the Collector did not specify that the two seats on the Board of Directors of the first·respondent would be .. reserved seats;· one for the members belonging to the Scheduled . ·Castes or Scheduled .

Tribes and one for the weaker section of the ,, members who have been granted loans from ·the society of an amourit ot exceedi11g Rs; 200 during the year immediately. preceding as 11 reqμired by Sec. 73B of the A. ct. Poll was held ~n December 12, 1981 and the counting of. votes took place ·on December 14, 1981 and the result was declared on December 17, 198_1. · Respondents 3 to . 16 were declared elected. Thereupon the present petitioner, a member of th. i first respondent-Bank and belonging to the Joshi community . 0 which is recognised. as a Scheduled Tribe moved an election petition · under Sec. 144T before the Additional Commissioner, Nasik, calling· ·in question the election of respondents 3to'16 to . the. Boar. d of B~R!. GAl\AD v. cooPT, BANi(Desai; J. ) · 7. 71 .. ~ . D{rectors of the lir~t· respondent-Bank intei a/ia on, the ground that .. the whole of the election programme is vitfated on account of its non-compliance ·with the mandatory ·.

statutory provision enacted ·in Sec. 73B wbfoh pre~cribes reservation of seats;· one in favour of · Scheduled Castes or Scheduled Tribes and another in favour of weaker section from. the . members who had borrowed lolns not exceeding R. ~. ioo in the year . preceding the year of. election ('reservaiion for weaker section' for short). There ·were other grounds on which the · · election of respondents 3 t RBMB COURT REPORTS 11984) 1s. c. R. • • \ ending with the countin. g of votes and . declaratibn of result on April 24, 1981,. The ·election was held and the result was announced and respondents No. 3 to 12 were declared elected. Thereafter the meeting of the. elected members of the Board of. pirector. s ·is io be con- . vened to elect the· office bearers. At that stage·, the two appellants - filed Writ Petition No.

1484 of 1981 in the Bombay High Court questioning the validity· of the election of the respondents 3 to'l2 inter alia on the ground·that the election was held in violation of Sec. •73B of the ·Act. ... A Division . Bench of the Bombay. High Court held that there was. some confusion. between the procedure for election pres the Scheduled Castes or Scheduled Tribes and one for the :weaker seclion of the members who have been granted loans from. the society of an amount not exceeding Rs.. 200 during the year immediately p;eceding. 1 Sec. 73B further provides that if no such ·~sons are elected or _, appointed, the committee ·shall co-opt the required nnmber of• members on the committee from amongst the persons entitled to such representation. . · · ' . . · _.. We may now· note the rival contentions: Appellants assert that the reservation in favour pf the Scheduled Castes and s~heduled Tribes and weaker section . of the niembers on the committee of the .

society manifests a statutory att~mpt.. givfng effect to the provisions . oJibe Constitution. especially the one contained in Aris :13 and 46 and has ·to be given effect as if carrying out the constitutional mandate enshrined in. Arts. 15 and 16 of the Constitution·. Proce-. ding along this line; it was submitted that a democratic polity swears by setting' up democratic institutions election, neither by appointment nor co-option. It was submitted that the Legislature. has clearly indicated its preferencefo favour of election failing which ~lone the reserved seats may be fill~d in by appointment or co. -option. They have called in aid ·the chronology of methodology set out in Sec. 73B. . wherein it is stated that 'if no such persons are elected or appointed, the committee shall co-opt the required number of members on the committee from amongst the persons entitled to such representation. ' Appellants assert thafSec.

73R proceeded to make a statutory reservation of two seats and declared its preference in favour of filling. in . . • 1the restrved. seats by elec. tion and that is indicated by the expression; ). 'if no such persons are elected or appointed,' the cqinmittee ·then in order not to defeat legislative intention of giving representation to the class in whose favour reservation is. made, shall co_-opt the 'tequired number of members intment so that anyone mode may be adopted for . filling in · the reserved seats at the whim or caprice or sweet will either of the statutory authority or the committee ofmembers. ' . . . ' . ·• • . B The respondents f? J1dudin'g the statutory authority on the other .. hand contend that the· object underlying Sec: 73B is to provide for • • giving an' opportundt'to persons belonging to the class in whose . . · . ' ' ' ' . . ' . favour reservation is made such as members of the Scheduled . • Casts/Seheduled Tribes or the weaket section of the members of the ·.

·society to be o_n the committee, -T! 'e primary importance is of filling. i ·. . in reserved seats and not the methodology because the legislature was ..... aware that a class of persons in whose favour reservation is made may no't· be available for election. and therefore, · provisio~ for . appo. intment as also for cq. -option has been. simultaneously made in Sec. 73B. ·The respondenfs assert that the filling· in of the reserved seats is a'sine qua. non tocarrj out the mandate of Sec. 73B and not .. · . tl:ie inode or metho. d by whiCh the reserved seats are filled. · 1 . . ' . The rival contentions clearly bring to tlie fore the q11estion of '. f construction of . Sec. 73B. The Act was enacted in 1960 and. it repealed . the Bombay . Co:operative Societies Act, 1925. Sec. 13 provides for the vesting of · the management ofevery society in:. a committee to·be constituted in accordance with the Act, the rules and the bye,laws. At the commencement of !

he Aqt, there was no provision for reservation of seats in favo~r of the inembers Of the Scheduled Castes and the Scheduled Tribes and the weaker section of the members. Sec. 73B making . reservation· obligatory was introduced in the Act. by Amending· Act · 27 of . 1969. Why was this specific amendment Il! ade? The.. vorkin·g '·· of the Act' must have . disclosed a sorry state of . affairs that even though the cooperative movement . was expanding by leaps and . b9unds; the members of-Scheduled Castes and Schedule Tribes or. the · weaker section of the members of the socfoty were not represented "in· the committee and had no opportunity to participate. in the decision. · making process, laying down broad policies and management . of the society. · Art. 43 of the Constitution set the goal that . the State H~ shall endeavour to promote cottage indtistiies on . an individual or ·-Ci co-operative basis in ruralareas. ln our onward aiarch of economic J , -·~, . ~ . •• .... ·• '1-.

• •• ' ~-- . ' - _775 - . independence; India ·was destined· -to be a. co;operaiive. common•.. _ · wealth. Since fo. dependence, co-operative movement proliferated_ in ... ; :·· · all direciions, its activites: were diversified,. more especially in·. the. rural areas. : Every: a~tivity of aperson _devoted to. agricu. lture '. in the rural area is considerably influenced'by . ihe co'.. operative . movement, -. . . -tsuch as seed distribution; credit; disposal of agricultura! produce etc. -- . - .. . . . .. . . . - . . . . . ' ~ . •.. ·Themembersofthe_Scheduled. _Castes_and Schedul~d Tribes pre·. : B-domhiently in rural ijreas did not remain unaffected . by :the gigantic stride that the ccroperative movemendook. - They were. directly_ a! 'dsubstantially affected by it. , In order to :. av'! id that those who are_affected by the movement in tlieir vital day to day exisiencci enjoy _'a . second class status by being denied the opportunity to be represented '. ..

·c' : -: ·iti the management council; and decision making bodies,: a· provision like Sec. 73B was introduced. to ensure. representation of such persons _•. ·. . . who in the absence of·res~rvation: may find itdifficult to be elected to . ·... the committee in which. the -entire p"ower of . management '. vests; . . . ... - · · ; ··· Absence of representation ~oupled with subjection. to ·the. diciates . of . '. ·• · - the society would be antithe~is- y. 'the Board of Direetors who would- decide who should be co-opted to Jill in \he rese;ved scats. Such a ~etrograde movement is unde-. mo. i:ratiq. The struggle to get direct representation cannot be thwarted • in this manner. This becom. es manifest from the fact that the power · to co-opt . the members to fill in . ·reserved seats is conferred on the members· of the comlllittee i. e.. on the ·Board· of Directors.

· To terselyput the issue in focus, ·the method ofco-option denudes the power of the constituency to elect members arid is usurped by a small body like th. e Board. of Directors. The outsome is not difficult . to gauge. The committee 'will co-opt members who would be their · p~ppets, totally ignoring whom the constituency i. e. the general body ' . . ' . . \ of members would have elected.. If it· is the effect of. co•option, it could riever be equa\ed with election ~uch lessaccorded precedeuce over etectio1i.. by the general b0dy of the members that is the consti· · · . tuency: ·· Therefore the submission that ·method oi. filling in reserved seats is directory and therefore any one of the three modes. can be adopted to comply· with . the mandatory ·part of Sec: 73li viz. filling . in reserved seats, does not coinmend to us. . .. . . . " . . . - . '. -i . - . . Mr. ~hadke, learned counsel who appeared for the respondents . in one pf the a.

ppeals urged that the emphasis is on filling in'reserved •. • ·. . . . ti;m. GARAD y. COOPT.. l! ANG (Desai, J. ) 779 • ·seats atid nonl\e mo. de or method by which ·the ·seats are filled in:· - II In this connection, he drew our attention to ·the . unf! mendeil bye-law ··. -->- · No. 40 of. the bye~laws framed by Nasik Merchants Co-operative Bank Ltd. ; the fi~st. respqndent in th. e first matter~. Afier referring . to the unamended bye-laws, . it was urged that. there· was no provision for electing members. to the reserved seats. He further iirged that Sec: 72 requires that the election to the committee has to be ·held · according to the Act, the rules and the bye-laws. Reference was also made to the proced_ure ·for _counting for vo\es set out in rule 61 of the ·Maharashtra. Specified Co-operative Societies . Election to Committees Rules, 1971 ('Rules' for short), which provide that the . Returning Officer shall after the counting of votes declare th.

e candidate to whom the highest number of valid votes has been given, as · having been elected; It was pointed o~t that bye-law No. 40 was· amended as late as ·February 13,. 1983, which was much later than the date of the impugned election. The. amended bye-law . did niake provision for election to· reserved seats. The High Court has also noticed amendment of Rule 61 by Maharashtra Specified·Co-. operative Societies Elections to Committee {Amendment) Rules, 1979. He . further drew o·ur. attention to the circular dated 1st February, 1979, is~ued by the District Deputy Registrar of Co•operative Societies at Nasik in which he· pointed out that the committee should· co-opt required number of members on the committee· from· amongst the persons entitled to representation on the reserved seats. . The. speci- . E fied societies were also requested to amend the bye-l11ws as early as possible.

He also drew our attention to a letter dated June 4, 1979 · addressed to the Nasik ·Merchant Co-operative . Society Bank. Ltd. by the District Deputy Registrar; Nasik pointing out therein that if the bye-Jaw is not amended the reserv. ed ·seats. should be. filled in by co-9ption and that the compliance should be reported before March F' 31, 1979.. He again. requested the Bank. to ani. eud the bye,laws to bring them in conformity with the requirelllerits of Sec. 73B. Rely' ing on the nnamendedo bye-law, rule 61 and the aforementioned two· . documents, it was submitted that the Government itself did not . consider· eleetion to be the only mode or. method of filling in. the · , reserved seat. s and persistently requested the Bartk·to co-opt necessary· number of members to fill iri the reserved seats, and therefore, it is not proper to· invalidate the. whole process of electfori. We -rem! linnncollvinced. ·~ Sec. 73B provides a legislative mandate.

Rule 61 has astatus of subsidiary legislation or. delegated legislation; Bye-law of co- . • • • . • ; • 780 Sl11'1U! MB cotiRt MroRTS (1984) 1s. c. R• . - ~ ' . • ; . . operative socjety can at best have the status of an Artide of Asso'cia· tion of acompany . governed by the Companies Act, 1956 and as . held by this Court in Co-operative Central Bank Ltd. and Others v. Additional Industrial Tribunal, Andhra Pradesh and <Ythers(') . ·the bye-laws of a co-operative society framed in pursuance of the provi: · · · sfon of the relevant Act cannot. _be held to 'be law or to have the force of law. · They _are neither statutory in character nor they have· statutory. flavour so as to be raised to the status of law. Now if there is any conflict between a statute aμd the subordinate legislation, it does not require elaborate reasoning to firmly state that the statute prevails ·over subordinate legislatiotr and the bye-law if not in con-.

formity with the statute in order to·gjve effect to the statutory provi- . ·c sion the rule or bye-law has to be ignored. The statutory provision _has pretedence and must be complied with. Further the opinion of the Deputy Registrar as expressed in his circular d_ated February I, 1979 and. his letter dated June 4, 1979 has no relevance because hiS iake of knowledge or misunderstanding . of law as expressed in his . . . opinion has no relevance. ·The High Court relying upon the aforementioned two documents observed. as under : "There ·is :no inconsistency between Section 73B and the bye-laws because even the Government has construed section 73B iμ such manner that even though the bye-laws are not amended and reserved seats remain unfille~ by election the same can be filled up by co-option. " .. •.

With respect, we find it difficult to subscribe to this untenable approach that a view of law or a legal provision expressed by a Government Officer can afford reliable basis or even guidance in the . ·matter of construction of a legislative measure. It is the function of the Court to construe legislative measures and in reaching the i correct meaning· of a statutory provision, opinion·ofexecutive branch is hardly relevant. Nor can the Court abdicate in favour ·of such opinion. ·th~ pl'ov1s1on contained in Chapter XI'A applies to elec. tion to the committees of specified societies categorised in _Sec. 73B. Sec.. ~ ' 144-C requires the Collector to draw an election programme and arrange for conducting the election or undet his c. ontrol by the H. Returning Officer according to the programme. Now the election . , '•.. (l) [1910) l SCR 20S •. • J!. K. GARAD V. COOrT; BANK- (Desai, J,) .. ": 781 . ' _- .. ' . . - : programme has to be published.

The pr~grammi;: therefore, must i_n order to comply with- legal formality show whether auy of the seats to be filled,in are reserved and. specify the class in whose favour •reservation _has been made,'so as to·give notice to persons eiigible for contesting eleetion to reserved· seats: · This -becomes manifestl! )cle:ir from the form prescribed for filling in the nomination paper being Form No. 2 appended to ihe rules. :-In the_ case of reserved. .. · seats a further. declaration has to be made in the nomination . form · B' - . - ' -- t - --· ·- - -. - • - ' . • . . - - - ' · that the candidate lielongs to Scheduled Castes or Scheduled Tribes or Vimukia Jati'or the weak~r section·candidate: And this declarac · - - . - -- - - - - ..... . lion. has to-be'Sigried by ·the candidate himself; . Now therefore, the c<)! lector, a statutory authority charged \vith a duty to hold election according to the Act; must specify in'the ekction programme inter. · a/iq that there -are reserved seats io.

be filled in by_election and the . - -class in -. whose favour rese_rvation is made. This will be-notice to-. the members eligibie for contesting el~ction to reserved seats so that -- ) they may fill iri their . nomination. ·. Th<fe··is· not_ even a wbispefin the_ election programme whether-any of the seats were reserved. The . O _ omission is glaring and fatal. _As pointed o·ut earlier, - election has · , - -_to be held to. form ·the commi_ttee. Se. c. 73_requires,the Collector to·. _ - ·- · hold. election in accordance·with the Act includirig Sec. 73B. _The· · ... failure to hold electioa in accordance-with the Act including Sec. 73B - - would vitiate the·whole election programme from . commencement till · the end; . ft w~uld ·all the more be so· because . the failure to hold _E electioa according to the provisions . of the Act which denies an opportunity to the persons who are eiigible 'to get elected to the . • reserved seats.. would certainly vitiate the whole election P.

rograrnme. ·_Orie caa safoly co:dude _that· the. election is hi:Jd jn . violation ·or - . Sec.. 73B. . Therefor~. In oui: opinion,. the High -Court was in error in •upholding the. election, ·which is ex Jacie ·mega! , invalid and· . F . 'A_ - : contrary_ to law. - · ' - · · -r· _ _Accordingly. both these_ appeals suc~eed Civil Apperu armng· from S. L. P. No. 77_32/83 . fa allowed, and the __ decision of the High · _Cou·rt is quashed _and set aside and the one-rendered by ·the Addi· . -.. _ tional Commissioner iS restored. - . -· · . ' __ __- _ _Civil-_ Appeal _No. -1810/81 is allowed and the judgme~t. and --- . ·order of the High Court' are set aside. A writ-be· issued quashing _-. and setting aside the 'election of respondents 3 . to 12 to the Board of : -·TI· • Directors of the Parbhani District Co~operative Bank Ltd. -"' . . . . . ' , .. : ,782 lPR,BMll COURT REPORTS ! 1984) t s. c. a.. ~- . • The concerned st;itutory authority in . both t)le'. cases slitld •. · ·. •~ fti.

·proceed to hold the election afresh as early. as possible and . should~. · complete the· process·. within a perfod of 3·months from today. liJ. ~ · the meantime, the status quo as on today should continue.. There will be no orders as to costs ofhearing in this Court. . B H. S. K. Appeaisa/lowed; · . ' • \ .. • • • ,. ,,. t' • l/. ; "r:· . ': ,, • -I \ •