RAM PRAKASH Vs. STATE OF U P

JUDGEMENT

(1.) The present petition is filed by 6 persons claiming the relief for the issuance of writ of mandamus directing the respondents for allowing the petitioners to continue as members of the Committee of Management of Zila Parishad Sahakari Sangh Ltd. Etah, also known as Distt. Co-operative Federation Ltd. Etah and also for issuance of direction to respondent No. 3 (Sub-Divisional Magistrate, Etah) for not holding election for six members of the Committee of Management in pursuance of the date fixed by the Registrar Co-operative Societies, U. P., Luckoow.

(2.) The District Co-operative Federation Etah (hereinafter referred to as Federation) is a Central Co-operative Society deemed to have been registered under the U. P. Co-operative Societies Act, 1965 (hereinafter referred to as the Act) and the Rules framed thereunder (hereinafter referred to as the Rules). The Management of the Federation as provided under Section 29 of the Act vests in a Committee known as Committee of Management, constituted in accordance with the provisions of the Act, Rules and Bye-laws. The elections in the Federation were due and they were scheduled to be held on the dates fixed by the Registrar Co-operative Societies, U. P. Before the election for the members of the Committee of Management Chairman and Vice-chairman etc. of the Federation could take place, the State-Govenment in exercise of powers under sub-section (2) of Section 34 of 'the Act vide Notification No. 266 M/12-C-3-10185/88 dated 17th May, I988 nominated 9 members including the Chairman for the Committee of Management of the Federation which order to come in to effect after the constitution of the Committee of Management. The election for the office of members of the Committee of Management of Federation took place on 21-6-88 and of the Chairman and Vice-Chairman took place on 22-6-l988. The Distt. Assistant Registrar, Co-operative Societies Etah under the Authority of the Registrar Co-operative Societies, U. P. issued a notice on 20th June. 1988 fixing 29-6-1988 as the date on which lots to be drawn for the retirement of elected members for accommodating the nominees of the State Government unt'er the aforesaid order of nomination dated 17-5-1988. the lots were drawn on 29-6-88 and in the lots so drawn the petitioners ceased to be the members of the Committee of Management of the Federation. w.e.f 29-6-88.

(3.) The said order of nomination of the State Government dated 17-5-88 was challenged by Sri Girish Chand and Sri Shiv Kumar Singh by way of writ petition No. 12771 of 1988. In. this petition no interim order was granted suspending the operation of the order of the State Government dated 17-5-88 passed under sub-section (2) of Section 34 of the Act, this Court passed an order requiring the standing counsel for filing counter affidavit. This writ Petition is still pending in this, Court, la the meantince an Ordinance No. 1 of 1989 known as U. P. Co-operative Societies (Amendment) Ordinanee, 1989 was promulgated whereby the provisions of Section 34 of the Act were replaced by the following provision : This Ordinance was published in the U. P. Gazette, Extraordinary dated 7th Jan., 1989 and came into effect from the said date. Thereafter the State Government vide Notification No. 5930 C-3 10(85) 88 dated 29-1-1989 cancelled the aforesaid order dated 17-5-88 passed under Section 43(2) of the Act nominating 9 members for the Committee of Management of the Federation. Consequent thereupon the Registrar Co-operative Societies, U. P. in exercise of powers under Rule 439(2) of the Rules fixed the dates for election for 9 seats as 14-2-1989 and for the Chairman 15-2-1989. Consequent thereupon the Election Officer proceeded with the election programme issued by him.