LexBABAJI KONDAJL GARAD ETC. versus THE NASIK MERCHANTS CO-OPERATIVE BANK LTD., NASIK & ORS. ETC.
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'1. _, -i . ·. BABAJI KONPAJl GARAD ETC .. · • . • l'. THE NASIK MERCHANTS CO-OPERATIVE llANK: i:ro.,.NASIK & ORS. ETC. . October 31, 1983 .• (0,A. DESAI, 0. CHINNAPPA REDDY & A.· VARADAIWAN, JJ.J A B Maharashtra Cooperative· Societies -_-ACt~ !96~Set .. _73]! interpretation C of-·Reservation oftWo Seats for Scheduled Caites/Schedµled ~ribes and weak~r . ~ection Qn committee of a s"pecified societY. manda,ory-Restrved ~eats to be filled in primarily by e/ection-FailinK. election alone leats may be filled by appointmenl Or co-option. Election held pilrsuant lo election notifiCf!Jion not mentioning" . . reservation of seats-Illegal. Jnterpretation-'The ;quity of the statute'-Method of construction of a · .. D 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 <!f-Cann~t be held to· be law. or.have. the force"OJ l<iw. In case of ·incohsis,tency between bye-Jaw & statute--Statule prevaiis. Colistriiction placed on(} statutory provision by execut~ve brarJch-Not · relevant for interp'reting the prOv,;ion by caurt. ~ . On expiry-of the term of the comn1ittee known as Board· of Directors of a ,Specified society under the Maharashtra Cooper~ti~e Societies ACt, _ 1960. the CollectOr.notified the elect1oQ programme ·without specifyirig th:at-the two seats Qn the commiitee would be reserved seats; oii.e for .the members belOnging to the Scheduled Castes Or Schedule"<;l. Tribes and one for the weaker· ·section of the members of. the society. P~rsuant t?.t that ~leci~on pr~gr_arilpre the poll. w~s • held and the result wa·s declared. The said election was challenged by a me~ber .· of the._ society beloi:iging to Scheduled Tribe i>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 F G H ' A B c D E F G H ' 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 . therefore any of the three modes could be adopted. · Allowing the appeals, HBLD : ~he election in questiol). is·. ex facie 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. fail Ur~ 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 mus
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