Sanjay Dumashiya
Sir I am confused with Guj co op society amendment. Our banks have 15 post of director in which 5 director have to periodically retire every year. The term of director is 3 years in bye laws. New amendment says 5 years term. And said amendment mandates 21 members of the board. Question is if the bank proceeds with periodic election ; would it not violates the law?
I C Naik
Part IXB inserted in to the Constitution of India which came in to force on 13 2 2012 has two Articles reproduced below which are relevant to your question:
1.Article 243ZJ (2) The term of office of elected members of the board and its office bearers shall be five years from the date of election and the term of office bearers shall be coterminous with the term of the board:
2.Article 243ZT ” Notwithstanding anything in this Part, any provision of any law relating to co-operative societies in force in a State immediately before the commencement of the Constitution (Ninety-seventh Amendment) Act, 2011, which is inconsistent with the provisions of this Part, shall continue to be in force until amended or repealed by a competent Legislature or other competent authority or until the expiration of one year from such commencement, whichever is less.’.
FURTHER All laws in India are subject to the provisions in the Constitution of India. Any law in conflict with any Constitutional Provision is null and void and not enforceable. But you and me can not say so. As per our legal system only the High Courts and the Supreme Court can say if any law is null and void. So think what can be done…
