No-confidence removal in cooperative societies can be implied from democratic control, with procedural safeguards limiting such motions.

An elected chairperson or other office bearer of a cooperative society may be removed by a no-confidence motion even when the Act, rules or bye-laws do not expressly provide for that power, because the constitutional scheme for cooperatives requires democratic control and cannot be defeated by legislative silence. The governing body's confidence in the office bearer is central, and the constitutional requirement may be read into the statutory framework. The Court also laid down procedural safeguards: a motion may be moved only after two years in office, a defeated motion cannot be brought again within one year, it must be supported by at least one-third of the elected Board members, and it must pass by a majority of the elected members present.

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Issues: Whether, in the absence of an express provision in the Act, Rules or bye-laws, an elected Chairperson of a cooperative society can be removed by a no-confidence motion, and whether constitutional principles require such a power to be read into the statutory scheme.

Analysis: The constitutional scheme after the Ninety Seventh Amendment treats cooperative societies as democratic institutions intended to function with autonomy, democratic control and professional management. The Board is the entrusted governing body, and the office bearer chosen by that body holds office as a representative of the confidence of the electors. Where the statute, rules or bye-laws are silent, the constitutional mandate cannot be defeated by legislative omission. A cooperative society founded on democratic principles must allow removal of an office bearer who has lost the confidence of the electing body, and the Court may read that constitutional requirement into the governing provisions. On the procedural side, the Court laid down guidelines that a no-confidence motion against an office bearer of a cooperative society may be moved only after two years of assuming office, a defeated motion cannot be reintroduced within one year, the motion must be supported by at least one-third of the elected members of the Board, and it must be carried by more than fifty per cent of the elected members present.

Conclusion: An elected office bearer of a cooperative society can be removed by a no-confidence motion even without an express enabling provision, and the appeal failed.

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