RAJENDRA PRASAD YADAV AND ORS. versus STATE OF MADHYA PRADESH AND ORS.

Citation: [1997] SUPP. 1 S.C.R. 716 · Decided: 09-07-1997 · Supreme Court of India · Bench: K. RAMASWAMY · Disposal: Dismissed

Judgment (excerpt)

A 
RAJENDRA PRASAD YADAV AND ORS. 
v. 
STATE OF MADHYA PRADESH AND ORS. 
JULY 9, 1997 
B 
[K. RAMASWAMY AND D.P. WADHWA, JJ.] 
Cooperative Societies-M.P. Cooperative Societies Act, 1960-Section 
49(8)(ii)-'Board of Directors and Managing Committee of the Apex 
Society-Election to-Failure to hold election to Board of Directors and 
C Management Committee within time-Election to Managing Committee rep-
resentatives of Central Societies, primary societies-Condition precedent for 
completion of election process of the Apex Society-Obligation, to conduct 
such elections on request of the respective committees of the Central Societies 
lies on Registrar and not on Apex Society-Held, the liability of statutory 
D vacation of office under Section 49(8)(ii) on expiry of term cannot be saddled 
on Board of Directors, President, Vice-President and Members of Manage-
ment Committee of the Apex Society when Registrar has failed to hold election 
to Central Bank and P1imary Societies-However, whole process of election 
having since been completed and election to the board of the Apex Society 
E having also been over, writ petition filed by the appellants became infructuous 
and hence liable to be dismissed. 
Constitution of India, 1950-Article 226-Writ of Quo Wa"anto-ls-
susance of-Court issued Writ of Mandamus-Held, Writ of Quo Wa"ants 
cannot be issued to disobey writ of Mandamus already used and allowed to 
F become final. 
District Co-operative Central Bank sent delegates to the M.P. State 
Co-operative Bank Ltd., the 'Apex Bank'. On August 24, 1984 when the first 
meeting of the Board of Directors of the Apex Bank was held the term of 
office of three years started running. The President and Vice-President, 
G and other office bearers from the Board of Directors were elected, resulting 
in constitution of the Board of Directors and the Managing Committee of 
the Apex Bank. The term of the representatives of the Central Bank, Board 
of Directors and of their office bearers was co-terminus with the term 'or 
the Managing Committee of the Central Bank. Equally, the term of the 
H Board of Directors and of the Managing Committee of the Apex Bank was 
716 
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R.P. YADAVv. STATE 
717 
co-terminus, which was three years, later amended as five years as per M.P. A 
Cooperative bye-laws 41(1). The three-tier system of Co-operative Society 
existed therein. 
By Resolution dated April 26, 1990, the Apex Bank applied to the 
Registrar to hold elections. On failure to do so matter was filed in High B 
Court which gave a direction that election he conducted in accordance with 
the procedure prescribed under law. On the same date, Ordinance No. 2 
of 1990 replaced by Act (14 of 1990) was passed by the State Legislature 
terminating the term of the Committees; the Registrar was directed to take 
over management of all the Primary Societies, Central Banks and of the 
Apex Bank. As a consequence, the Committees of all the Societies were C 
superseded by proceedings dated April 26, 1990. The Board again filed writ 
petition. The High Court by its judgment dated June 21, 1993 reported as 
A.P. Sastri case declared the Amendment Act (14 of 1990) amending 
Section 49(8) of the M.P. Co- operative Societies Act, 1960 as ultra vires the 
legislative power. As a necessary consequence, it held that the officers of D 
the earlier Managing Committee would continue to function, till election 
were held in accordance with law. Subsequently, Writ Petition was filed 
seeking writ of quo wa"anto to show cause under which authority the 
appellants were functioning. In the meanwhile Section 49(8) was amended 
by Act 12 of 1994. The High Court disposed of the writ petition on finding 
that the appellants deliberately delayed the conduct of election and that E 
they had no right to continue in office after the expiry of the term. 
In appeal to this court the appellants contended that ifthe Registrar 
fails to conduct timely elections to the primary societies and district 
societies, existing Board of Directors, President, Vice-President and F 
members of Managing Committee of the Apex Society cannot be deemed 
to have vacated their office on . expiry of the statutory term and the 
Registrar cannot assume office of the Board of Directors or Managing 
Committee of Apex Society. 
The respondents contended that on expiry of the term of the G 
President, two Vice-Presidents of the Board of Directors and the term of 
the Managing Committee which being co-terminus wi

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