K. S. PADWAL Vs. STATE OF J&K

JUDGEMENT

(1.) Clandestine move of the petitioners, erstwhile Managing Committee of the Co-operative House Building Society attracts applicability of the proverb "greedi ness is curse" obvious consequence of which is to be in the lurch.

(2.) Petitioners were elected as members of the Managing Committee of the Sainik Co-operative House Building Society on 2t.07.2008, in terms of Section 29 of the Co-operative Societies Act, 1989 (hereinafter for short referred to as "the Act") the term of the office of the Committee is three years. Sub Section 3 of Section 29 of "the Act" enjoins upon the Committee to take steps for the constitution of New Committee in accordance with the provisions of the Act, Rules and Bye-laws that too 90 days before expiry of its term.

(3.) In keeping with the said mandate, the petitioners' Managing Committee as it then was before the expiry of 90 days of its term had issued notification dated 23.04.2011, in terms whereof, one Ghulam Nabi Malik former Tehsildar was ap pointed as Returning Officer. The said Returning Officer issued notification dated 24.06.2011 which provided schedule for the elections of Management Committee, as such; election was to be held on 24.07.2011. The Deputy Registrar, Co-operative Societies (Agri) Jammu vide communication dated 07.07.2011 addressed to the said Returning Officer had advised for the postponement of the elections.