SHARDA DEVI Vs. UMMED SINGH

JUDGEMENT

(1.) BOTH these review petitions bearing Review Petitions No. 59 and 79 of 2014 are being decided with consent of both the parties by this common order.

(2.) BOTH these review petitions assail the final order dated 22.01.2014 passed in Writ Appeal No.499/2013, whereby while disposing of the writ appeal in question, the following directions were passed : 1. The respondent State and its functionaries are directed to initiate, conduct and conclude the process of election to the office or the Directors of the respondent cooperative society lying vacant due to resignation of respondents no. 6, 7 and 8 within a period of four months from the date of receipt of copy of this order; 2. Thereafter, elections to the Managing Committee and the Chairman of the cooperative society be held within a further period of three months.

(3.) IN Review Petition No.59/2014, the principal contention of the review petitioners is that while passing the directions contained in para 11 of the order under review directing the State to initiate, conduct and conclude the process of election to the office of the Directors of the cooperative society in question, the Court moved on assumption that the offices of the Directors, occupied by respondents 5, 6 and 7, are lying vacant. It is contended that since neither in Writ Appeal No.499/2013 nor in Writ Petition No.2403/2011, there was any adjudication on the issue of the offices of the Directors being vacant or not, this Court committed an error apparent on the face of the record by issuing the aforesaid directions on the basis of the said assumption.