RESPONDENT: THE NASIK MERCHANTS COOPERATIVE BANK LTD., NASIK & ORS.ETC. DATE OF JUDGMENT31/10/1983 DESAI, D.A. DESAI, D.A. REDDY, O. CHINNAPPA (J) VARADARAJAN, A. (J) CITATION: 1984 AIR 192 1984 SCR (1) 767 1984 SCC (2) 50 1983 SCALE (2)696 CITATOR INFO : RF 1986 SC1499 (16) RF 1988 SC 784 (21) ACT: Maharashtra Cooperative Societies Act, 1960Sec. 73B interpretation ofReservation of two seats for Scheduled Casts/Scheduled Tribes and weaker section on committee of a specified society mandatoryReserved seats to be filled in primarily by electionFailing election alone seats may be filled by appointment or cooption. Election held pursuant to election notification not mentioning reservation of seatsIllegal. Interpretation 'The equity of the statute'Method of construction of a statuteUsed in the pastStill in vogue. Legislature uses appropriate language to manifest its intention. Administrative LawByelawStatus ofCannot be held to be law or have the force of law. In case of inconsistency between byelaw & statuteStatute prevails. Construction placed on a statutory provision by executive branchNot relevant for interpreting the provision by court. HEADNOTE: On expiry of the term of the committee known as Board of Directors of a specified society under the Maharashtra Cooperative Societies Act, 1960 the Collector notified the election programme without specifying that the two seats on the committee would be reserved seats; one for the members belonging to the Scheduled Castes or Scheduled Tribes and one for the weaker section of the members of the society. Pursuant to that election programme the poll was held and the result was declared. The said election was challenged by a member of the society belonging to Scheduled Tribe on the ground that the whole of the election programme is vitiated on account of its non compliance with the mandatory statutory provision enacted in sec. 73B which prescribed reservation of seats; one in favour of Scheduled Castes or Scheduled Tribes and another in favour of weaker section from the members of the society. The Additional Commissioner who heard the election petition declared the election of the elected members as void and ineffective. On a writ petition filed by some of the elected members the High Court held that it was not imperative that the reserved seats must be filled in only by election and the mandate of sec. 73B would be adequately complied with if reserved seats are filled in by cooption and there was no error in conducting the election. In these appeals the appellants submitted that sec. 73B proceeded to make a statutory reservation of two seats and declared its preference in favour of filling in the reserved seats by 768 election failing which alone the reserved seats were to be filled in by appointment or cooption. The respondent submitted that the filling of the reserved seats was a sine qua non; the method of filling reserved seats was directory and therefore any of the three modes could be adopted. Allowing the appeals, ^ HELD: The election in question is ex facie illegal, invalid and contrary to law. [781 F] Section 73 of the Act requires the Collector to hold election in accordance with the Act including sec. 73B. The failure to hold election in accordance with the Act including sec.73B would vitiate the whole election programme from commencement till the end. It would all the more be so because the failure to hold election according to the provisions of the Act which denies an opportunity to the persons who are eligible to get elected to the reserved seats would certainly vitiate the whole election programme. Therefore, the Collector must specify in the election programme inter alia that there are reserved seats to be filled in by election and the class in whose favour reservation is made. This will be notice to the members eligible for contesting election to reserved seats so that they may fill in their nomination. In the instant case there is not even a whisper in the election programme whether any of the seats were reserved. The omission is glaring and fatal. Therefore, it can be safely concluded that the election is held in violation of sec. 73B. [781 DF] Any provision making for reservation must receive such constru