LAWS(ALL)-2012-1-669

KRISHANKAR TRIPATHI S/O LATE CHANDI PRASAD TRIPATHI Vs. STATE OF U P THR. PRIN. SECY. COOPERATIVE U P SHASHAN CIVIL

Decided On January 13, 2012
Krishankar Tripathi S/O Late Chandi Prasad Tripathi Appellant
V/S
State Of U P Thr. Prin. Secy. Cooperative U P Shashan Civil Respondents

JUDGEMENT

(1.) LEANED Chief Standing Counsel has accepted notice on behalf of opposite parties no. 1 and 3 while notice on behalf of opposite party nos. 2 and 4 has been accepted by Shri Mahesh Chandra and notice on behalf of opposite parties no. 6,7,9 and 10 has been accepted by Shri Rakesh Srivastava and notice on behalf of opposite parties no. 11 and 12 has been accepted by Shri Bagesh Shukla. Issue notice to the opposite parties no. 5 and 8. Apart from regular mode of service, the petitioner may also serve the opposite parties no. 5 and 8 outside the court for which office is directed to issue Dasti summons.

(2.) THE question involved in the instant writ petition relates to the election of housing society. It is admitted at bar that the election was held on 27.2.2011. Thereafter, three members had resigned. The Registrar has nominated two persons who were impugned before this Court in Writ Petition No. 9602 (MB) of 2011, which was stayed by the division bench on 27.9.2011 with liberty to proceed with the election process.

(3.) SHRI Umesh Chandra, learned Senior Counsel appearing on behalf of the petitioner submits that once keeping in view the admitted fact that the election was held on 27.2.2012 and out of seven elected members of the committee of management three resigned, one post was unfilled then only option to the respondents is to fill up the vacancy in accordance with the Rules. No fresh election could have been held by the authorities in violation of statutory provision contained in Rule 450 of the Co -operative Societies Rules. Attention has been invited to Rule 430 of the Rules, which provides that if the number of elected members after election is found to be less than the quorum prescribed, the election shall be held for the vacant seats as early as possible. Prima facie, from the perusal of statutory provision, it appears that no fresh election could have been held till the expiry of the period.