BALVEER SINGH Vs. STATE OF U P

JUDGEMENT

(1.) In this writ petition the petitioner has challenged the holding of elections of District Co-operative Bank Ltd, Mainpuri 135 Shram Samvida Vetanbhogi Co operative Societies which have been newly enrolled and registered including those mentioned in the order dated 14.11.2009 passed by District Magistrate.

(2.) The election of every co-operative society in Uttar Pradesh were notified on 16.2.2009 by the Registrar and the date of election were fixed 29.7.09 and 30.7.09. The elections were postponed again the Registrar fixed date of election as 5.10.09 and 6.10.09. The elections were postponed for the third time and Registrar issued notification on 11.11.2009 for holding of elections of Primary level co operative societies and 1.12.09 and 2.12.09 was fixed for holding the election of members of the committee of management and Chairman and Vice -Chairman etc respectively. The Additional Chief Standing Counsel Sri Neeraj Upadhyay has filed a counter affidavit duly sworn by Sri Subhash Chandra District Assistant Registrar Co operative Societies Mainpuri. It has been stated that the District Magistrate Mainpuri was appointed as Administrator of District Co operative Bank Limited Mainpuri. By another order District Assistant Registrar Mainpuri has been appointed as Chairman, was also changed and District Assistant Registrar Etah was appointed as Chairman of the Administrative Committee and took charge on 8.10.09. This arrangement was also changed by an order dated 5.12.2009 passed by Joint Registrar Co-operative Societies U.P.Agra, Region Agra. In view of order dated 9.11.2009 passed by Lucknow Bench in Civil Misc. Writ Petition No. 9830(MB) of 2009, Brajendra Kumar Singh v. State of U.P. and others and a further direction was issued by the Registrar Cooperative Societies on 23.11.2009 by which the District Magistrate, Mainpuri was appointed to manage the affairs of the society till the election of the Cooperative societies of the management of the bank, he was to be assisted by District Assistant Registrar Mainpuri.

(3.) We have heard Sri H.R.Misra learned Senior Counsel assisted by Sri K.M.Misra for the petitioner. Sri V.K.Singh Additional Advocate General assisted by Sri Neeraj Upadhyay Additional Chief Standing Counsel for respondents No. 1 to 4 and Sri K.N.Misra for respondent No. 5 and 6.