DEVENDRA SINGH BAGHEL Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Prabhakar Awasthi, learned counsel for the petitioners, Sri H.N. Singh, learned counsel appearing on behalf of respondent No. 8, Sri Nripendra Mishra, learned counsel for respondent No. 3 and the learned Standing Counsel. The challenge in the present petition is order dated 11.12.2012, notification dated 6.2.2013, order dated 18.2.2013 and notification dated 19.2.2013 passed by the respondent No. 3. Further prayer is for a mandamus commanding respondents to hold election as per the electoral college containing 240 valid members of which last election dated 20.6.2010 was held.

(2.) Brief facts of the case are that the petitioners are members of Co-operative Society, namely, Kamal Kunj Sahkari Awas Samiti Limited, Agra (hereinafter referred to as the 'Samiti'). The last election of the committee of members of the society was held on 20.6.2010. There was some complaint with regard to working of the society and an enquiry was initiated by order dated 15.9.2012 passed by the respondent No. 3 superseding the society. The receiver was appointed.

(3.) Challenging the order dated 15.9.2012 a writ petition No. 54156 of 2012 was filed. The writ petition was disposed of by the judgment and order dated 18.10.2012 and the matter was relegated to the authority concerned to consider and decide the same afresh after giving full opportunity of hearing to the petitioners and pass a reasoned order. In the meantime, the U.P. Ordinance No. 8 of 2012 was promulgated and notification dated 19.10.2012 was issued making amendment in Section 29(2) of the U.P. Co-operative Societies Act (hereinafter called as the 'Act') and period of cooperative society was reduced from three years to two years. As a result of which the term of committee of management of the society came to an end. The order dated 11.12.2012 was passed by the respondent No. 3 in compliance of directions given by this Court dated 18.10.2012. The respondent No. 3 appointed an Administrator in exercise of power under Section 29(5)(b) of the Act and further directed that the Administrator shall take steps for election of the committee of management of the society at the earliest. The respondent No. 3 further concluded in the order dated 11.12.2012 that as the term of the committee of management had expired on 19.10.2012 on completion of period of two years, therefore, the proceedings initiated against the then committee of management be dropped.