PREETPAL BELCHANDAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THESE 3 writ petitions have been preferred by the respective petitioners seeking following reliefs: - (i) WP(C) No.656/2013 has been preferred by the President of Board of Directors of District Cooperative Central Bank Limited, Durg seeking direction to the respondents to conduct election of the Cooperative Society and complete the same through the returning officer or through the State Election Commission; not to invoke powers under Section 49 of the CG Cooperative Societies Act, 1960 (hereinafter referred to as 'the Act') and in the meanwhile, the petitioner Board should be continued to function in the light of provisions contained in Section 53 (14) (iii) of the Act (as amended).

(2.) THUS , in substance, these 3 writ petitions involve common issue and questions of law as to whether after completion of their term of office for which they were elected, the respective Board of Directors/Managing Committee of the Society would vacate their office by virtue of Section 49 (8) of the Act or by virtue of provisions contained in Section 53 (14)(iii) of the Act, the Board of Directors deserve to be allowed to continue. The other issue is with regard to issuance of direction to the State Election Commission to hold election of the Managing Body/Board of Directors of the petitioner societies.

(3.) INDISPUTABLY , pursuant to incorporation of Part -IXB in the Constitution, by the Constitution (97th Amendment) Act, 2011 with effect from 15.2.2012, the state Legislature brought out an amendment entrusting superintendent, directions and control of preparation of electoral rolls for, and conduct of, all elections to the Cooperative Society, to the State Election Commission. The said amendment came into force on 13.2.2013. In WP(C) No.487/2013 and 2 more connected writ petitions, the Single Bench of this Court directed the State Election Commission to take over conduct of election of cooperative societies and complete the same as expeditiously as possible. However, the State Election Commission has challenged the said order by preferring WA No.364/2013, which is pending before the Division Bench.