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PETITIONER: GANPATBHAI N. SOLANKI

       Vs.

RESPONDENT: DISTRICT COLLECTOR, VADODARA & ANR.

DATE OF JUDGMENT:       27/03/1997

BENCH: K. RAMASWAMY, G.B. PATTANAIK

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      The controversy  involved in  this case  relates to the terms of  the offices  of  the    President  and  the  Vice- President of  the Board  of the  Committee.  It  is  not  in dispute that the election to the Baroda District Cooperative Milk Producers’  Union Ltd.  was held  on June  25, 1982 and thereafter proviso  to Section 74 of the Gujarat Cooperative Societies Act was amended on July 17, 1984 providing for the rules of  rotation  in  the  matter  of  retirement  of  the members. Subsequently,  the election  to the  Committee  was held on  May  16,  1994.  A  meeting  was  convened  by  the Collector for  election  of  the  President  and  the  Vice- President.  Calling   that  action  of  the  Collector,  the petitioner had filed a writ petition which was dismissed. On appeal, viz.,  L.P.A. No.473/97,  by judgment dated February 25, 1997, the Division Bench has confirmed the same.      It is  contended for  the petitioner for the petitioner that under Section 74-C read with sub-section (2) of Section 145 of  the Gujarat  Cooperative Societies  Act, the term of the Committee is three years and, therefore, the term of the President and  the Vice-President  is co-terminus  with  the term of  the Committee.  As a consequence, the notice issued by the  Collector to  conduct the  meeting for  electing the President and  the Vice-President  is without  authority  of law. We find no force in the contention.      It is  true that  under Section  74-C read with Section 145(2), the term of the elected Committee is three years but the bye-law 40.1 provides thus:      "The first  meeting of the Board of      Directors after  the Annual General      Meeting shall  be called within one      month   of   the   Annual   General      Meeting. All  the  members  of  the      Board present  as its meeting shall      elect  its   President  and   Vice-      President  for  the  year  and  the      President and  Vice-President shall      hold  the   office  until   a   new      President or  Vice-President as the      case may be is/are elected."

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    A reading  of its  clearly  indicates  that  the  first meeting of  the Board of Directors, after the Annual General Meeting shall be called by the Collector within one month of the Annual  General Meeting.  Thereon all the members of the Board as  would be  present at  its meeting  shall elect its President and  Vice-President for the year and the President and  Vice-President  shall  hold  the  office  until  a  new President or  Vice-President  as  the  case  may  be  is/are elected.      Thus it is clear that though the terms of the Committee is three years, the term of the President or Vice-President, as the  case may  be, elected  at meeting  of the  Board  of Directors,  shall  be  only  for  one  year  until  the  new President or  Vice-President, as the case may be, is elected again. The  collector has  been conferred  with the power to call the  meeting to  elect the  President/Vice President in accordance with  the bye-laws.  His action, therefore, is in accordance  with   law.  The   special  leave   petition  is accordingly dismissed.