Broad interpretation of "touching the business" brings co-operative society director election disputes within Registrar jurisdiction.

A dispute over the election of directors of a co-operative society was treated as a matter touching the society's business under the Madras Co-operative Societies Act, 1932. The expression "touching the business" was construed broadly and not limited to trading or money transactions; the Act, rules and bye-laws must be read together to identify the society's business. Because the bye-laws authorised the general body to elect and remove directors, that function was a corporate act of the society, and an election dispute concerning it fell within the Registrar's jurisdiction. Objections based on acquiescence or revision were rejected because lack of jurisdiction cannot be cured by consent or waiver.

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Issues: Whether a dispute relating to the election of directors of a co-operative society is a dispute touching the business of a registered society within Section 51 of the Madras Co-operative Societies Act, 1932, so as to fall within the Registrar's jurisdiction.

Analysis: The expression "touching the business" was held to be of wide import and not confined to trading or money dealings. In determining the society's business, the Act, the rules and the bye-laws must all be read together, and all matters authorised by them, or incidental or necessary to their working, form part of the society's business. Where the bye-laws empower the general body to elect and remove directors, that function is a corporate act of the society and a dispute concerning such election concerns the society's business. Preliminary objections based on acquiescence or the filing of a revision were rejected because want of jurisdiction cannot be cured by consent or waiver.

Conclusion: The election dispute fell within Section 51 and the Deputy Registrar had jurisdiction to decide it.

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