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2022 Supreme(Del) 929

YASHWANT VARMA
Sushil Kumar – Appellant
Versus
Central Registrar Of Coop Socy – Respondent


Advocates appeared:
Mr. Hitender Kapur, Adv, for the Petitioner; Mr. Avinash Sharma, AOR with Mr. Siddhant Chaudhary, Adv, for the Respondents No. 2; Mr. Vinay Kumar Garg, Sr. Adv. with Mr. Saqib, Mr. Parv Garg, Mr. K.S. Rekhi & Mr. Pawar Kulshrestha, Advs, for the Petitioners in W.P.(C) 2942/2020 & CM APPLs. 10224/2020, 22332/2020, 27865/2020, 33448/2020, 6201/2021, 24545/2021; Mr. No. 3 to 4 Dev P. Bhardwaj, Central Govt. Counsel for with Ms. Anubha Bhardwaj & Mr. Sarthak Anand, Advs, for the UOI in W.P.(C) 2942/2020 & CM APPLs. 10224/2020, 22332/2020, 27865/2020, 33448/2020, 6201/2021, 24545/2021; Mr. Hitender Kapur, Adv, for the Applicant in I.A. No. 27865/2020; Mr. Sanjay Parikh, Sr. Adv. with Mr. Rajeev Mishra, Mr. Satwik Parikh, Mr. Sanand Rama, Advs, for the Respondent Nos. 3 & 4

Judgement Key Points

The paragraphs that support the contention that once the tenure of the committee has expired, it cannot continue to function beyond the prescribed period are as follows:

  • (!) : This paragraph discusses that the order against the existing committee was not based on the merits but due to the pandemic, and it emphasizes that the election process was initiated but halted at a stage where the committee's term was coming to an end. It implies that the proper legal process is to conduct elections as per the bye-laws once the term expires, and any continuation beyond that is not lawful.

  • (!) : This paragraph explicitly states that the committee's term was to end in June 2020, and the process for elections was initiated in accordance with the bye-laws. It emphasizes that the expiry of the term was approaching and that the proper course was to hold elections as per the law, indicating that the committee cannot legally continue in office after their term ends.

  • (!) : Here, the court notes that the affairs of the society are governed by the bye-laws and that the committee's term was to end in June 2020. It states that the society's actions in continuing the committee beyond the expiry of their tenure would be contrary to the law, and that the proper remedy is to follow the prescribed process for elections.

  • (!) : This paragraph clarifies that since the committee's term had expired, their continuation in office without lawful authority is not permissible, and the court emphasizes that the dispute should be resolved by following the statutory or bye-law procedures for holding new elections.

In summary, these paragraphs collectively express the view that after the expiry of the prescribed tenure, the committee cannot legally remain in office, and measures to restrain such continuation are supported by the judgment.


JUDGMENT

1. These two writ petitions have challenged the steps initiated by the respondents for the purposes of election of delegates, of the Northern Zone Railway Employees Thrift and Credit Society Limited The cooperative society. The aforesaid cooperative society is admittedly governed by the Multi State Cooperative Societies, Act 2002 The Act read with the Rules and the Byelaws framed there under. The communication of 03 February 2020 set out the calendar for the election process which was to be undertaken. In terms of that notice, the election process was to commence on 03 February 2020 and the final list of candidates to be displayed on 09 March 2020. The notice further specified the number of delegates to be elected as being 120 and also set out their distribution amongst the various branches of the cooperative society.

2. It appears that the lead writ petition came up for consideration before a learned Judge of the Court on 23 March 2020. Issuing notice on the petition, the learned Judge observed that without going into the merits of the matter, bearing in mind the outbreak of the COVID-19 pandemic and the subsequent lockdown, it would not be practicable to hold elections. Th

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