Court No. 1 Writ Petition No. 170 (MB) of 2010 Kasimpur Sanyukt Sahakari Krishi Samiti Limited, Kanpur and others. Vs. State of U.P. and another. Hon'ble Pradeep Kant, J.
Hon’ble Ritu Raj Awasthi, J.
Heard the learned counsel for the parties.
The petitioners’ grievance is that despite the fact that request for holding
the elections of Committee of Management has been made by the present
Committee as per the statutory rules before the term had expired, but the
Registrar has not taken any steps for holding the elections with the result that the
term of the Committee of Management is to come to an end even under the
amended Act, i.e. of two years and as a consequence the Administrator would be
appointed for no fault of the petitioners. Their further submission is that in all the
co-operative societies, where the term stood expired because of the introduction
of the Ordinance No. 34 of 2007, replaced by the Act No. 46 of 2008 and also
where the term had not expired, the elections have not been held by the Registrar
till date. Submission is that in view of Section 29 sub-clause 5, the power cannot
be allowed to be abused by the State or the Registrar only for the purpose of
superseding the present Committee and taking control by appointing the
Administrator.
We are satisfied that the provisions of Section 29 sub-clause 5 cannot be
used as a tool for replacing the elected body of a Committee of Management by
Administrator nor it permits the State Government or the Registrar to sit tight
over the matter, despite the request being made by the Committee of
Management within time, for holding the elections and then under the purported
exercise of power under the aforesaid provision, appointing the Administrator
and take its own time for holding the elections.
We, therefore, dispose of the writ petition with the consent of the parties
counsel, with the direction that the elections be held within three months from the
date of receipt of a certified copy of this order and if the Administrator has not
been appointed yet, the present Committee of Management shall continue till the
elections are held by the Registrar. As soon as the elections are held, the
functioning of the present Committee of Management shall cease and it will hand
over the charge to the elected committee.
11.1.2010
MFA