AKHTARUL HASAN ANSARI Vs. REGISTRAR COOPERATIVE SOCIETIES

JUDGEMENT

(1.) VICE- Chairman of Limited Liability Society has invoked extra-ordinary jurisdiction of this Court for issue of a writ of mandamus to opposite parties to hold the election of the Committee of Management or to reconstitute the committee in accordance with the bye laws and rules framed under the U. P. Cooperative Societies Act, 1965.

(2.) THE Society was admittedly founded in 1936 and was registered as such. On 30-9-1977 an Administrator was appointed under sub section (4) of Section 29 of the Act as the Society failed to amend its bye laws and bring it in conformity with model bye laws. Since then neither the elections have been held nor the committee of management has been reconstituted. In counter affidavit it has been stated that general meeting of the society was called twice but for want of quorum no progress could be made. It is also averred that a meeting was called for amending the bye laws in April, 1982 but the same could not be held for want of quorum. According to counter affidavit as bye laws could not be amended there was no question of holding election or reconstitution of the Society as claimed by the petitioner.

(3.) ACCORDING to this proviso an Administrator should have taken steps to reconstitute the committee within one year of his initial appointment. In any case, the election could not have been delayed beyond 30-6-1983. The opposite parties, therefore, acted against the manadatory provisions of the Act in continuing the Administrator and not holding the election on one pretext or the other.