SHIV MANGAL SINGH Vs. REGISTRAR CO OP SOC

JUDGEMENT

(1.) These nine writ petitiones raise common questions of law and are thus being decided by a single judgment.

(2.) For deciding the points raised, we may take facts from writ petition of Sheo Mangal Singh v. Registrar Co-operative Societies and others ( of Ballia ),

(3.) Sheo Mangal Singh was a member of the general body of the U. P. State Co-operative Land Development Bank Ltd. He was also a member of the U. P. State Co-operative land Development Bank Ltd., Ballia branch, Ballia. The U. P. State Co-operative I and Development Bank Ltd. is a notified bank under the proviso to sub-section (3) of section 29 of the U. P. Co-operavite Societies Act, 1968 (hereinafter referred to as the Act. The terms of the Committee of Management of the U. P. State Co-operative Land Development Bank Ltd., Ballia expired on 30-6-1979. As by that time elections had not been held, an Administrator under sub-section (4) of section 29 of the Act was appointed by an order dated 1-12-1980, the Registrar directed all the District Magistrates to hold elections of the delegates of the branches out of the members of the U. P. State Co-operative Land Development Bank Ltd., oh 9-2-1981 in accordance with law. The Election Officer notified the election programme and the last date for filing the nomination was 1-2-1981. The Registrar, Co-operative Societies stayed the election to the future date to be notified later. On 20-4-1981, the Registrar fixed 7-7-1931 as the date for the elections in pursuance of the notification issued by the District Magistrate. 25-6-81 was the date fixed for filing the nomination papers. On that date the petitioner filed his nomination for being elected as the delegate of the members of the Ballia branch of the Land Development Bank Ltd. After scrutiny the nomination papers of the petitioner was found to be ip order. No objections were filed to his nomination. However the, Registrar in exercise of the power conferred by R. 440 of the Rules allowed extension in time schedule of the Co-operative Societies and fixed 7-9-1981 as the date for Roll of the Branch and 29-7-81 for apex. In view of the change of the time schedule, the Election Officer, as was required by Rule 441 displayed the following programme of election :