Prospective amendment rule: change to committee tenure under the Karnataka Co-operative Societies Act did not extend earlier elected members' term.

Substitution of "five years from the date of election" for "five co-operative years" in Section 28A(4) of the Karnataka Co-operative Societies Act was treated as prospective, not retrospective. The earlier provision fixed committee tenure by reference to the statutory co-operative year, so the term of members elected under that regime was already certain. Although the amendment was intended to address delays in elections and ensure a definite tenure from election date, that object did not justify extending the tenure of persons elected before the change. A mere substitution does not automatically operate retrospectively where the scheme and context indicate prospective application only.

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Issues: Whether the amendment to Section 28A(4) of the Karnataka Co-operative Societies Act, 1959, substituting "five years from the date of election" for "five co-operative years", operated retrospectively so as to extend the tenure of the elected committee members.

Analysis: The pre-amendment provision fixed the tenure of the committee members at five co-operative years, and the term was therefore certain from the date of election by reference to the statutory definition of co-operative year. The amendment was made to cure delays in holding elections and to ensure a definite tenure from the date of election, but that object did not require an extension of tenure for persons already elected under the earlier regime. Substitution does not invariably make an amendment retrospective; where the scheme, object, and context indicate otherwise, the amendment may operate only prospectively. Applying that principle, the change could not be used to alter the tenure already attached to an election held before the amendment.

Conclusion: The amendment was prospective and did not extend the appellants' tenure beyond 31-3-2014.

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