LAXMI KANT DWIVEDI Vs. STATE OF U.P.

JUDGEMENT

(1.) We have heard Shri L.P. Mishra, Senior Advocate assisted by Shri S.M. Royekwar, and Shri B.R. Singh, Advocates for the petitioners. Shri D.K. Pathak, Additional Chief Standing Counsel appears for the State respondents. Shri Raghvendra Kumar Singh, Senior Advocate appears for the respondent-bank.

(2.) In Misc. Bench No.759 of 2013 the petitioners have challenged the final determination of constituencies published in Hindi daily "Amar Ujala' on 8.1.2013 by the Deputy Commissioner/Deputy Registrar (Cooperative) U.P. Allahabad Division, Allahabad and the consequent election programme published by the Additional District Magistrate/Election Officer (District Cooperative Bank, Pratapgarh), Pratapgarh for holding elections to constitute the Committee of Management of the District Cooperative Bank, Pratapgarh. The polling was scheduled on 29.1.2013 and 30.1.2013 vide notification issued on 6.10.2012. They have also prayed for a direction not to give effect to the final determination of the constituencies published on 8.1.2013 and the consequent election programme published on 9.1.2013. The petitioners have also prayed for directions to determine the constituencies for the purposes of election in accordance with Section 29 (8) of U.P. Cooperative Societies Act, 1965 and Rule 85-A of U.P. Cooperative Societies Rules, 1968.

(3.) The term of the Committee of Management of District Cooperative Bank, Pratapgarh, which is a Central Cooperative Society and of which Primary Societies including Primary Agricultural Cooperative Credit Societies are member societies expired on 6.10.2012 and an Administrator was appointed under Section 29 (5) of the Act.