A SUNDARA RAJAN Vs. REGISTRAR COOP SOCIETIES

JUDGEMENT

(1.) This writ petition has been filed against the respondents for issuing a writ of mandamus or any other appropriate order of direction for restraining Audyogic Karamchari Cooperative Group Housing Society Ltd., respondent No. 2 (the Society in short) from holding and conducting elections on 20th October, 1991 on the basis of an undated notice. The notice required holding of election of only l/3rd of the members of the Managing Committee of the Society.

(2.) The allegations are that the petitioner is a legal and bonafide member of the Society which was registered in 1970 under the provisions of Delhi Cooperative Societies Act 1972 (Act for short). Section 29 of the Act says that every Co-operative Society shall within a period of six months, after updating its accounts for the year under rules for the time being in force, call a general meeting of its members for approval of its activities, election of the members of the committee other than nominated members, consideration of annual audit report, etc. According to Section 31 of the Act, which provides procedure for holding elections and nomination of members of the Committee, superintendence, direction and control of preparation of electoral rolls shall be vested with such returning officer not below the rank of a gazetted officer as may be appointed by the Lt, Governor in this behalf. The term of the office of the elected members shall be such, not exceeding three co-operative years, including co-operative year of their election, as may be specified in the bye-laws of the Society.

(3.) The main grievance of the petitioner is that in terms of Section 31 of the Act all the members of the Managing Committee could hold office for a term which is in consonance with the bye laws of the Cooperative Society. Since the election sought to be held in respect of 1/3rd members only, was contrary to the provisions of the Act and the bye laws, it was necessary to issue an appropriate writ.