SHYAM NARAIN SHUKLA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Both these writ petitions involving a common question of law which were heard together with the consent of learned counsel for the parties, are being disposed of by a common judgment.

(2.) The short question for consideration in these writ petitions is as to what is the term of the office of the committee of mangement of the Ordinance Equipment Factory Prarmbhik, Sahkari Bank Ltd. admittedly, a co-operative society,

(3.) Rule 445 of the Uttar Pradesh Co-operative Societies Rules 1968 (Rule, briefly) as amended by the Uttar Pradesh Co-operative Societies (Sixteenth Amendment) Rules 1985 states that except as otherwise provided in Rules 406, 433 and 435, the terms of the Committee of Management of a Co-operative Society shall be three years and that the term of the office of the elected members of the Committee of Management shall be co-terminus with the term of the Committee of Management, Rule 445 was earlier amended by the Uttar Pradesh Co-operative Societies (Twentieth Amendment) Rules 1981. In the year 1981 before amendment Rule 445 existed as follows: Except as otherwise provided in Rules 406, 333 and 435, the term of the Committee of Management of a Co-operative Society shall be three years. The term of the office of an elected member of the Committee of Management shall be co-terminus with the term of the Committee of Management". In the year 1981, the aforesaid Rule was amended as follows :