In a major development the Arbitrator appointed by the Central Register to settle the dispute of the election of the Board of Directors of Fishcopfed, has quashed the election held in February this year.
In consequence the outgoing President Prasad Dora and his supporters have suffered a setback on Saturday as the sole arbitrator Sunil Kumar Singh, who happens to be Nafed Additional MD declared that the election is null and void.
In his Award (a copy of which is with Indian Cooperative) the Arbitrator observes, “In view of the above, it is established beyond doubt that due legal process in terms of Bye Laws of FISHCOPED read with relevant provisions of MSCS Act was not followed in conduct of the election to the Board of FISHCOPED and its Office bearers and accordingly the following Award is being passed”
“The election of the Board of Directors of FISHCOPFED and its office bearers as conducted and declared on 25.02.2021 is judged as null and void. The fresh election to the Board of FISHCOPFED and its office bearers may be conducted by Ld. CRCS in terms of Rule 21(v) of bye-laws of FISHCOPFED and Section 45(6) of the MSCS Act Parties to the proceedings shall bear their respective costs incurred in the Arbitration proceedings”, the award reads.
The sole arbitrator found, “As evident from the records and pleadings of parties, Shri T. Prashad Rao Dora was President of Odisha State Fishermen’s Cooperative Ltd. (FISHFED), thus eligible as a delegate to the General Body of Fishcopfed. He was elected to the Board of Directors of FISHCOPFED and later as its President”.
“However, due to the expiry of his term as President of FISHCOPFED 06.07.2020, he became ineligible to continue as the President of FISHCOPFED as per Rule 28 (viii) of the bye-laws of FISHCOPFED which stipulates as, “A member of the Board shall cease to hold office, if he ceases to hold the office of Chairman, Chief Executive or Administrator of by whatever name called, as the case may be, in the society which he represents on general body of FISHCOPFED”.
It further reads, “Since his continuance as the President of FISHCOPFED was [non-est] beyond 06.07.2020, convening, conducting and presiding over the Board meeting dated 30.09.2020 by Shri T Prasad Rao Dora wherein the decision regarding election to the BoD and office bearers was taken cannot be held legally tenable. As such, the contention of the . Counsel for the Claimants that Shri Dora was incompetent to preside over the Board meeting dated 30.09.2020 is established”.
The contentions of FISHCOPFED that their AGM on 27.09.2019 unanimously deciding that the Board Members would continue for 5 years does not have any correlation with Rule 28(viii)of Bye-Laws of FISHCOPFED, defining the continuance as Board members of FISHCOPFED. Further, Rule 21(iv) of Bye-Laws of FISHCOPFED deals with general term of elected members of the Board not exceeding 5 years and does not override Rule28(viii) of Bye-laws of FISHCOPFED.
Besides, the Returning Officer failed to give a satisfactory answer to the objection of Claimants that the time schedule given in the election notice dated 10.02.2021 was strictly followed.
The contention of the Returning Officer in his written submission to the effect that no arguments on the related issues made in the complaint viz. mismanagement and manipulative acts of MD and President of FISHCOPFED were heard in the arbitration proceedings, and are not tenable as this Tribunal has adjudicated related matters concerning the election dispute right from initiation of the election process to the developments reported up to 25.02.2021″, the sole arbitrator found.