COMMITTEE OF MANAGEMENT AND ANOTHER,COMMITTEE OF MANAGEMENT AND ANOTHER,PRAMOD KUMAR Vs. STATE OF UTTARANCHAL & ANOTHER.,STATE OF UTTARANCHAL & ANOTHER,STATE OF UTTARANCHAL & OTHERS

JUDGEMENT

(1.) ALL these writ petitions have been moved under Article 226 of the Constitution of India for a direction in the nature of mandamus commanding the respondents to hold the elections of Members of Committee of Management and that of Chairman and Vice-Chairman of Co-operative Banks within the time stipulated by the Court. It is further prayed in the writ petitions No. 353 & 354 both of the year 2002 that the provisions of Section 29(5) of U. P Co­operative Societies Act, 1965 be declared ultra virus.

(2.) PETITIONERS are aggrieved against the inaction on the part of the Registrar of Co-operative Societies, Uttaranchal for not holding the elections of the Co-opera­tive Societies and preferring to appoint Administrators to run the Management of the Co-operative Societies. In all these writ petitions, facts are almost similar. The pe­titioners District Co-operative Banks are the Central Co-operative Societies and all the Primary Agricultural Co-operative Credit Societies as well as few other So­cieties of the districts constitute the Elec­toral College for the Committee of Man­agement of the District Co-operative Banks. One of the Petitioners, in all the cases is the Chairman of the respective Banks. In view of provisions of Sub-Sec­tion (3) of Section 29 of the U.P Co-op­erative Societies Act, 1965 (from herein­after referred to as the `Act'), it is. the duty of the Committee of Management to take the steps before the expiry of its terms to move for fresh elections so that the elected body may replace them. The election of the Committee of Management of a Dis­trict Co-operative Bank cannot be held un­less the Registrar notifies the dates of elec­tions and the Election Officer is appointed by the District Magistrate as per the pro­visions of Rule 439 (2) of the U.P Co-op­erative Societies Rule, 1968. The last elec­tions were held in the year 1999 and the term of the Committee of Management of the Primary Co-operative Societies in the State of Uttaranchal has expired on 6.03.2002 and that of the term of Com­mittee of Management on 6.07.2002. Rule 407 of U.P Co-operative Societies Rule, 1968 casts duty on the Registrar to recon­stitute new Committee of Management in accordance with the provisions of the Act and Rules before the expiry of the term of the elected Committee of Management of a Co-operative Society. The Registrar (re­spondent No. 2) has failed to discharge this legal obligation. Instead, the Registrar, by exercising powers under Section 29(5) of the Act, has appointed the Administra­tor in the Primary Societies and not noti­fied the scheme of election. The Commit­tees of Management, on their part, vide their Resolution No. 26 dated 2.04.2002 (Annexure 3 in writ petition No. 354 of 2002); Resolution No. 15(5) dated 8.04.2002 (Annexure 3 in writ petition No. 353 of 2002) and letter dated 12.2.2002 (Annexure 3 in writ petition No. 352 of 2002), urged the Registrar, Co-operative Societies to hold the elections. However, respondent No. 2 (The Registrar) has not acted upon it. Therefore, these writ peti­tions have been filed.

(3.) WE have heard Mr. Paresh Tripathi, learned counsel for the petitioners and Mr. K.P Upadhyaya, learned Standing Coun­sel for the respondents.