Babaji Kondajl Garad etc. v. the Nasik Merchants Co-Operative Bank Ltd., Nasik & Ors. etc.
Case brief
What is this about?
Supreme Court of India, bench of O.A. Desai, O. Chinnappa Reddy and A. Varadaiwan JJ., judgment delivered by Desai J. on October 31, 1983, in Civil Appeal No. 11991 of 1983 and Civil Appeal No. 1810/81: construction of Sec. 73B, Maharashtra Co-operative Societies Act 1960 — reservation of two committee seats (SC/ST and weaker section) in a specified society is mandatory and must be filled primarily by election, failing which by appointment or co-option; an election conducted under a programme not notifying the reserved seats is wholly vitiated and illegal; bye-laws and delegated legislation are subordinate to the statute; executive opinion is irrelevant to statutory construction; elections to the Nasik Merchants Co-operative Bank and the Parbhani District Central Co-operative Bank set aside and fresh elections directed within three months.
What did the court decide?
Both appeals allowed. The civil appeal arising from S.L.P. No. 7732/83 was allowed, the decision of the High Court was quashed and set aside and the order of the Additional Commissioner restored. Civil Appeal No. 1810/81 was allowed, the judgment and order of the High Court were set aside and a writ was issued quashing and setting aside the election of respondents 3 to 12 to the Board of Directors of the Parbhani District Co-operative Bank Ltd. The concerned statutory authority in both cases was directed to hold the election afresh as early as possible and complete the process within a period of 3 months, with status quo to continue in the meantime; no orders as to costs of hearing in the Court.