OM PRAKASH Vs. SUB DIVISIONAL OFFICER MAWANA

JUDGEMENT

(1.) The petitioners are challenging the election of the Managing Committee of the Mawana Sahkari Ganna Vikas Samiti Ltd. (Respondent No. 3) which is a notified Society under Section 29 (3) of the U. P. Co-operative Societies Act.

(2.) The principal contention raised by the learned counsel for the petitioner was that the Election Officer appointed to conduct the aforesaid elections is proceeding to conclude the election for the Committee of Management without making a proper determination of the constituencies as contemplated by Rule 440 of the Rules framed under the aforesaid Act. The impugned elections have already been held on 8th November, 1987. The declaration of the result has, however, been withheld under an interim order granted by this Court on 3-11-1987. The affidavits having been exchanged between the parties, we are proceeding to dispose of the petition finally at the stage of admission.

(3.) These are the assential facts for the determination of the controversy raised by the parties. The term of the last Committee of Management expired in the year 1980. Since then the Secretary of the Society is stated to be discharging the function of the Managing Committee exercising powers under Section 29 (4) (e) of the Act. On noting the phenomenon prevalent throughout the State, namely, of the terms of the Committees of Management of the notified Societies under Section 29 (3) having lapsed long since and no election for the Committee of Management having taken place for years together, this Court passed a general order on 1-1-86 in Writ Petn. No. 14960 of 1986, Raghubir Singh v. State of U.P,, Reportod in 1938 All LJ 529 directing the Registrar, ill whom the superintendence, direction and control of the elections of such Co-operative Societies vests under Rule 439 (1), to ensure that the elections cf the Committees of Management of the notified societies were completed within four months. Thereupon, the Registrar issued a notification dated 20-9-1986 direting the District Magistrates concerned to arrange for holding the election of such Societies. Later on in pursuance of the said order, the Sub-Divisional Officer, Mawana was appointed to be the Election Officer for the election of the delegates (who constitute the general body for electing the Committee of Management of the Society) as well as the Managing Committee.