ASHOK KUMAR Vs. DEPUTY REGISTRAR CO OP SOC

JUDGEMENT

(1.) The petitioner is a member of Krishi Nagar Co-operative Housing Society Ltd., Indore which is a registered Co-operative Society registered under the provisions of the M. P. Co-operative Societies Act, 1960. Election of the Managing Committee of the Society was last held on 23-5-1986 and the President and the Vice-President have been elected on 30-5-86. Therefore, in accordance with the provisions of Section 49 (7-A) of the M.P. Co-operative Societies Act, 1960 (hereinafter called the Act) the terms of the Executive Committee was for a period of 3 years from 18-5-1986 in accordance with the provision of law that existed.

(2.) However, on 28-6-88 an Ordinance was Promulgated by H. E. the Governor of Madhya Pradesh, which is Ordinance No. 3 of 1988. The Ordinance became effective from 28-6-1988 By this Ordinance Section 49 (7-A) of the Act was amended and the term of three years provided under Section 49 (7-A) of the Societies was enhanced to five years and it was also clarified that the term of the representatives elected by the Committee shall be co-terminus with the term of the Society in which such a representative is elected.

(3.) The grievance of the petitioner is that in view of the aforesaid amendment in the Act the term of the Society shall come to an end on 17-5-1991, but the respondent No.1 Deputy Registrar and the respondent No. 2 the Returning Officer have started the process of holding the elections of the Society. The action of the respondents as such is a deliberate defiance of the new statutory provisions and is, therefore, mala fide. Therefoee, a prayer has been made to direct that the present Managing Committee should remain in the office upto 18-5-1991 and the election process started by the respondents be quashed.