AIR 1998 SUPREME COURT 812 ::1998 AIR SCW 532 ::1998 (1) ADSC 370 ::1998 ADSC 1 370 ::1998 (1) UJ (SC) 417 ::1998 UJ(SC) 1 417 ::1998 (2) SCC 229 ::(1998) 1 RecCivR 653 ::(1998) 1 Scale 139 ::(1998) 1 CTC 292 (SC) ::1998 (1) CTC 292 ::1998 (2) MadLJ8 ::(1998) 3 LandLR 180 ::(1998) 1 Supreme 283 ::(1998) 1 JT 163 (SC)

Supreme Court Of India

(From : Madras)*

Hon'ble Judge(s): S. P. Bharucha, V. N. Khare , JJ

Tamil Nadu Co-operative Societies Act (30 of 1983) , S.26, S.21— Tamil Nadu Co-operative Societies Rules (1988) , R.51A— Election - Eligibility of members to vote - Provisions of S. 21 and bye-law 5 deal with qualifications for purposes of membership @page-SC813- Said provisions do not determine right to vote of those who are already members. Sub-sec. (1), Cl. (c) of S. 26 states that no member of a registered society shall be deprived of his right to vote in the election of the members of the board of such society, "save as otherwise provided under this Act". To deprive a member of his right to vote, therefore, the Act has to be looked at and no provision of the Act has been pointed out by reason of which a member can be deprived of his right to vote. R. 51A states that all members of a society shall be eligible to vote at an election to the society, unless otherwise disqualified. Provisions of S. 21 and Bye-law 5, deal principally, with qualifications for the purposes of membership and cannot be determinative of the right of those who are already members to vote. Sub-cl. (2) of Bye-law 5 speaks in general terms of "any rights, other than pecuniary rights"; it is difficult to read this general provision in the Bye-laws as prevailing over the specific provisions dealing with the right of members to vote in the Act and the Rules made thereunder....