SUDHIR TYAGI Vs. STATE OF UP

JUDGEMENT

(1.) These writ petitions relate to manner of reservation in the constituencies for members of the committee of management of a cooperative society.

(2.) The elections in the cooperative societies were not being held and administrators were being continued. Writ petition no. 7451 (M/B) of 2005 was filed in the Lucknow bench of the Allahabad High Court for a direction to hold elections. This writ petition was disposed of on 8.12.2005 with a direction to hold elections in the cooperative societies within three months. Another WP no. 5463 of 2006 was disposed of at Allahabad on 7.2.2006 in the similar terms. The Registrar, Cooperative Societies directed that elections for delegates be held by 15.3.2006 and elections for the committee of management be held by 7.4.2006. It is in pursuance of these directions that elections in the Cooperative societies, including the Kisan Sahkari Chini Mills Samiti Ltd. Gajraula Hasanpur District Jyotibaphule Nagar (the Hasanpur Cane Cooperative), are being held.

(3.) Section 17 of the UP Cooperative Societies Act (the Act) provides as to who can be a member of a cooperative society. Section 18 of the Act provides for classes of members. Section 28 provides for the final authority in a cooperative society. Section 29 provides for the committee of management. Section 130 of the Act empowers the State Government to frame rules. In pursuance of this, the State Government has framed the UP Cooperative Societies Rules 1968 (the Rules). Chapter VII of the Rules provides for constitution of General body of the cooperative societies. Chapter XXIX of the Rules provides for election in the cooperative societies.