Court No. - 2 Case :- WRIT - C No. - 39117 of 2010 Petitioner :- Prashant Gupta Respondent :- State Of U.P. & Others Petitioner Counsel :- Nitin Agrawal Respondent Counsel :- C.S.C.,A.K. Mishra,C.S. Singh Hon'ble Ashok Bhushan,J.
Hon’ble Virendra Singh,J.
Heard learned counsel for the petitioner, learned Standing Counsel
on behalf of respondent No.1 and Sri C.S. Singh, learned counsel
appearing on behalf of respondent Nos. 3 and 4.
By this writ petition, petitioner has prayed for the following
reliefs:-
“(a) Issue a writ, order or direction in the nature of certiorari
calling for the records and quashing the order dated 28.6.2010
passed by the respondent No.4, annexure-1 to the writ petition.
(b) Issue a writ, order or direction in the nature of mandamus,
commanding the respondents No. 2 to 4 to permit the outgoing
committee of management to discharge the duties of committee of
management till a finally elected committee of management takes
over the charge of the State Bank of India Supervising Staff Co-
operative Housing Society Ltd. Kanpur Nagar, Kanpur.
(c) Issue a writ, order or direction in the nature of mandamus,
commanding the respondents No.2 to 4 to appoint an election
Officer for conducting elections of the society in a free and fair
manner strictly in accordance with the provisions contained under
the U.P. Co-operative Soieties Act, 1965 and U.P. Co-operative
Societies Rules, 1968.
(d) Issue a writ, order or direction in the nature of prohibition
restraining the respondent No.6 from discharging any of the duties
of the committee of management of the society State Bank of India
Supervising Staff Co-operative Housing Society Ltd. Kanpur
Nagar, Kanpur.
(e) Issue any other writ, order or direction as this Hon’ble Court
may deem fit and proper in the facts and circumstances of the case.
(f) Allow this petition with costs.
Learned counsel for the petitioner submits that petitioner is a
member of a registered society namely State Bank of India
Supervising Staff Co-operative Housing Society Limited, Kanpur
Nagar, Kanpur, the election of whose committee of management
was fixed by the Registrar on 19th June, 2010 and 20th June, 2010.
Subsequently, the Election Officer, who was appointed to prepare
the election programme, was transferred hence the election could
not be held. A writ petition No. 35177 of 2010 was filed by one
Chandra Mohan Kureel which was disposed of by this Court vide
order dated 16.6.2010, annexure-18 to the writ petition directing
the respondent No.2 to fix a fresh date for holding the election and
nominating a fresh Election Officer. In pursuance of the order of
this Court dated 16.6.2010, an order dated 28th June, 2010 was
passed by the respondent No.4 appointing the respondent No.6 as
the Administrator in the society.
Sri C.S. Singh, learned counsel for the respondents has placed the
order dated 30th June, 2010 passed the Registrar before this Court
by which 11th September, 2010 has been fixed for holding the
election of the members of committee of management and 12th
September, 2010 has been fixed for the holding the election
Chairman/Vice Chairman of the committee of management. He
further submits that the District Magistrate has also appointed an
Election Officer on 24th July, 2010 and the said order has also
been produced before the court.
The submission of the petitioner that the order dated 28th June,
2010 be quashed and petitioner’s committee of management be
allowed to continue cannot be accepted in view of Section 29 (5)
(a) of the Co-operative Societies Act, 1965. Section 29 (5) (a) of
the Co-operative Societies Act, 1965 provides as follows:-
“Where, for any reason whatsoever, the election of the elected
members of the Committee of Management has not taken place or
could not take place before the expiry of the term of elected
members, the Committee of Management shall notwithstanding
anything to the contrary in this Act or the rules, or the bye-laws of
the society, cease to exist on the expiry of such term.”
Thus, the power under Section 29 (5) (a) can be availed when the
election are not held for any reasons whatsoever. When the
election could not be held due to transfer of Election Officer, the
said reason is fully covered by Section 29 (5) (a) and power to
appoint an administrator is very much available in the aforesaid
section.
In view of the above, we do not find any error in the appointment
of an administrator, the first and second prayer of the petitioner
cannot be accepted. Now coming to the third prayer, as the
Election Officer has already been appointed by the District
Magistrate by order dated 24th July, 2010, it goes without saying
that the Election Officer having already been appointed he may
proceed with the election in accordance with the provisions of
Rule 432 of the U.P. Co-operative Societies Rules, 1968. The
election having already been fixed shall not be postponed and it
will be completed by the dates fixed by the Registrar.
With the above observations, the writ petition is finally disposed
of.
Order Date :- 27.7.2010
Shiraz