MOHD SHAMIM ANSARI Vs. STATE OF U P

JUDGEMENT

(1.) The short question that arises for consideration in this petition by members of Committee of Management of an apex Industrial Co-operative Society, is if the terms of the Committee of Management has to be counted from the date of election of the members or from the date the first meeting is held.

(2.) Last election of the Committee of Management of U. P. I. C. A. was held on 17th August, 1984. Under bye-law 37-D of the Association bye-laws of the Commitee is comprised of 15 members. Since State Government has subscribed more than 60% of share capital it could nominate 2/3rd that is, ten members to the Committee of Management. Under Section 31-A of U. P. Co-operative Societies Act the Managing Director who is a Government servant performs duties and functions of Secretary of apex Society. Clause (ii) of sub section (4) of the Act empowers him to convene meetings of Committee of Management and the general body. Nomination was done by Government in September, 1985. The Managing Director of the Committee who is an officer nominated under the rules by the Government and is empowered to call the first meeting of the apex Society called it on 18th November, 1985 in which the petitioner was elected as Vice-Chairman. In September, 1987 the Registrar in exercise of power under Section 29(4) of the U. P. Co-operative Societies Act appointed a new Committee of Management as according to it the terms of elected members of the Committee of Management came to an end in August, 1987.

(3.) Could we do so ? Was the exercise of power under Section 29(4) in accordance with law ? Sub-section (4)(a) of Section 29 reads as under :