RAJKOT DISTT COOPERATIVE BANK LTD. Vs. STATE OF GUJARAT & ORS.

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.10392 OF 2014
(Arising out of SLP(C) No. 26017 Of 2013)

RAJKOT DISTT COOPERATIVE BANK LTD.               ………APPELLANT

Vs.
      STATE OF GUJARAT & ORS.                                                  ………RESPONDENTS

The bye laws of a Cooperative Society, in order to achieve the constitutional object, must be brought at par with the laws and statutory provisions of the Societies Act. They cannot override the provisions of State or Central laws. In the words of Jaganmohan Reddy, J.(Kesavananda Bharati case reported in (1973)4 SCC 225) in his separate judgment, “The elements of the basic structure are indicated in the Preamble and translated in the various provisions of the Constitution ”and the “edifice of our Constitution is built upon and stands on several props ”which, if removed would result in the Constitution collapsing and which include the principles of “sovereign democratic republic” and “parliamentary democracy”, a polity which is “based on a representative system in which people holding opposing view to one another can be candidates and invite the electorate to vote for them” the well – recognized position in law is that purity in the electoral process and the conduct of the elected representatives cannot be isolated from the constitutional requirements.“Democracy” and “free and fair election” are inseparable twins. There is almost an inseverable umbilical cord joining them. In a democracy the little man—voter has overwhelming importance and cannot be hijacked from the course of free and fair elections……”.It was held that the sub rules (8) & (9) of Rule 3-A are applicable to the appellant society/Societies as the area of operation is more than one village and therefore the orders passed by the Collector for the delimitation of the constituency/constituencies cannot be said to be illegal. Further, we hold that there will be no proper representation of the voters to the irrespective specified societies for electing representatives of their area which would materially provisions and Rules are legally justifiable….read more