PANIYALA SHRAM SAMBIDA SAHAKARI SAMITI LTD.,COMMITTEE OF MANAGEMENT, SAHKARI GANNA VIKAS SAMITI LTD. Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) FOR the reasons stated, Delay Condonation Application No. 5913 of 2008 is allowed. The delay in filing the review application is condoned. The re­view application shall be treated to be filed in time.

(2.) THE Review Petitioner has filed the Civil Misc. Review No. 1052/2008 for reviewing the judgment dated 30-07-2008 passed by this Court in Writ Peti­tion Nos. 343 of 2008 (M/B), 344 of 2008 (M/B) and 353 of 2008 (M/B), by which it has been held by this Court that the Administrator of the Manage­ment Committee has no right to get the areas of the society or the village to re-determine for the purpose of election; the Administrator appointed by the Registrar cannot enroll new members for the elec­tion; he cannot change the composition of the society; and he cannot make delimitation of the election areas by ad­justing the. revenue villages from one so­ciety to another society.

(3.) MR . Alok Singh, Senior Advocate appearing for the Committee of Man­agement, Sahkari Ganna Vi : is Samiti Ltd. (writ petitioners) contended that the Committee of Management constituted under the Act can exercise all powers conferred under the Act, Rules and Bye-laws, whereas the Administrator ap­pointed by the Registrar can only exer­cise those powers which are assigned to him under the directions of the Registrar and the Administrator has no power to exercise all powers and functions of the elected Committee of Management; sub-section (1) of Section 29 of the Uttaranchal Cooperative Society Act provides that the Management of Com­mittee can exercise such powers and perform such duties as may be con­ferred or imposed by this Act; sub-sec­tion (6) of Section 29 provides that the powers of the Administrator or the Com­mittee shall be the subject to the direc­tions of the Registrar; and the object of the appointment of the Administrator under sub-section (5) of Section 29 is to ensure the election of the Committee of Management as soon as possible, but in any event not less than expiry of one year; sub-section (5) of Section 29 provides that from the date of supersession of the elected Management of Committee till the election of new Management Committee the Administrator can only ensure the fair election to constitute new Committee of Management and to hold election as per the available list of members from the ex­isting constituencies. He cannot exercise all the functions of elected Committee of Management, as such, the findings of this Court in para 5 of the judgment under review do not suffer from error apparent on the face of the record.