KRISHNA DEO MISRA Vs. DISTRICT MAGISTRATE AGRA

JUDGEMENT

(1.) A notice was issued on the 4th April 1985 by Respondent 2 fixing the time schedule for the election of the Committee of Management of the Adan Bagh Sahkari Grah Nirman Samiti, Limited, Dayalbagh, Agra. It is this notice which has been challenged in the present writ petition. It has been asserted by the counsel for the Petitioner that the Registrar, Cooperative Societies has postponed the holding of elections in the Cooperative Societies till October 1985 and consequently it was not open either to the District Magistrate, Agra Respondent 1 or to the Respondent 2 mentioned above to take any steps to bold the elections before October 1985. It is true that the Registrar, Cooperative Societies has power to extend the time schedule of elections of Cooperative Societies but this power is not absolute. The second proviso to Rule 440(1) of the U.P. Cooperative Societies Rules, 1968 which is relevant for this purpose reads as follows: