9911796707
TMI Blog2014 (1) TMI 1918X X X X Extracts X X X X X X X X Extracts X X X X ..... spective in nature is illegal and, therefore, they want the entire election process to be quashed. However, the said contention did not find favour with the learned Single Judge. He has held that the amendment is prospective in nature and it will not enure to the benefit of the petitioners-appellants and, therefore, he dismissed the writ petitions. Aggrieved by the said order, the present writ appeals are filed. When the Legislature amends the existing provision in a statute by way of substitution, the effect is the substituted provision stands repealed and the amended provision is substituted in the place of the earlier provision in the Act as if the substituted provision is there in the Act from the inception. By express provision or b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on the part of the Courts to do by interpretative process of the provision, the very thing which the Legislature did not want to do. Therefore, when the ballot was exercised, the tenure of the members was definite and the tenure had to come to an end on 31-3-2014. The person who gave them the mandate wanted him to continue in office till 31-3-2004. It is to be respected. Therefore, they should go before the voter and seek for a mandate for five years from the day they are elected. This in substance is the object behind the Act. As the law stood then, these appellants knew when, their term would come to an end. Therefore, they cannot take advantage of the amendment, and seek extension. Appeal dismissed. - Writ Appeal Nos. 100076 to 1000 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -operative year means the year commencing from the First day of April. 2. Therefore, the term of the appellants who were elected on 12-6-2009 is to be computed from 1-4-2009 and it comes to an end on 31-3-2014. Sub-section (4) of Section 28A came to be amended by Act No. 3 of 2013 with effect from 11-2-2013 substituting the words five years from the date of election in place of five co-operative years . The word committee is also substituted by the word board . As the term of the committee/board is coming to an end by the end of 31-1-2014, the first respondent has appointed third respondent as the Returning Officer to conduct elections to the Board of 4th respondent-Society. The second respondent has fixed 9-2-2014 as the date o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an end only on 11-6-2014 and not on 31-3-2014 as understood by the respondents. 6. We do not find any substance in the said contention. When the Legislature amends the existing provision in a statute by way of substitution, the effect is the substituted provision stands repealed and the amended provision is substituted in the place of the earlier provision in the Act as if the substituted provision is there in the Act from the inception. By express provision or by necessary implication if it is not made clear that the said amendment is prospective in nature, the amended provision comes into effect from the date of the Act. But, it is not an invariable rule. If such an interpretation is given, it leads to repugnancy, inconsistency or ab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an amount of consistency and definiteness about the tenure of office of the elected representative. Therefore, irrespective of the date on which the election took place, the commencement of the tenure and the termination of the tenure was fixed by the statute. Unfortunately, over the years, the elections to these co-operative societies were not conducted in terms of the provisions of the Act. There were inordinate delay in conducting elections. Election processes were challenged, stay orders were obtained and the persons who were elected and who were in office continued to enjoy the benefit of the office and prevented these elections in an orderly manner within the time-limit. Those who were elected could not have a definite tenure of 5 ye ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ature consciously did not expressly state that the amendment is retrospective, because they were aware that the term of office of an elected body cannot be extended retrospectively. Otherwise, it would have effected the vires of the amendment. It is also contrary to the democratic principles and would have gone against the wishes of the voter. What the Legislature did not do as it was improper, there is no obligation on the part of the Courts to do by interpretative process of the provision, the very thing which the Legislature did not want to do. Therefore, when the ballot was exercised, the tenure of the members was definite and the tenure had to come to an end on 31-3-2014. The person who gave them the mandate wanted him to continue in o ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
