Court affirmed that statutory provisions regarding election timelines for Cooperative Committees are mandatory, with no discretion for delay. Proper procedures were followed in appointing an Administrator upon failure to adhere to the timeline.

JUDGMENT :

Ajay Mohan Goel, J.

Notice confined to respondents No. 1 to 4. Mr. Pushpender Jaswal, learned Additional Advocate General, accepts notice on behalf of respondents No. 1 to 4.

2. By way of this writ petition, the petitioners have prayed for the following substantive reliefs:-

“i. That a writ in the nature of certiorari may very kindly be issued and impugned office order dated 16.12.2024 as contained in Annexure P-9 and impugned order dated 08.01.2025 as contained in Annexure P-10 and impugned office order dated 13.01.2025 as contained in Annexure P-11 may very kindly be quashed and set aside.

ii. That a writ in the nature of mandamus may very kindly be issued thereby directing the respondents to allow the present managing committee to conduct elections as per schedule already submitted to the respondents.”

3. Brief facts necessary for the adjudication of this writ petition are that the elections for electing the Managing Committee of District Cooperative Union, Kullu, were held in the month of December, 2019, which term of the Managing Committee was to be of five years in terms of Rule 38(3) of the H.P. Cooperative Societies Rules 1971 as amended from time to time. The term of the Managing Committee was to come to an end on 30th December, 2024. In terms of the proviso to Rule 38(3) of the Rules (supra), if the outgoing Managing Committee fails to initiate the election process 90 days prior to completion of its tenure, the Registrar shall appoint an Administrator under Section 37 of the Act and the Administrator so appointed shall conduct the elections of the Managing Committee within six months of its appointment.

4. In the present case, admittedly the Managing Committee failed to initiate the election process 90 days prior to completion of its tenure. In these circumstances, by exercising the power conferred under the proviso to Rule 38(3) (supra), an Administrator was appointed and the Managing Committee was superseded.

5. Said act of appointment of the Administrator was assailed under Section 93 of the Cooperative Societies Act 1968 by the petitioners herein and in terms of Annexure P-6, order dated 20.11.2024, passed by the Joint Registrar (marketing) Cooperative Societies, Kasumpati, Shimla, HP, the appeal was allowed and the matter was remanded back to Deputy Registrar of the Central Division so that the parties could be heard in the matter by granting them an opportunity of being heard.

6. Primarily, the grounds raised in aforesaid appeal were that the delay in initiating the election process was explainable as it was on account of chronic illness of the Chairman of the Committee, yet, the Managing Committee was superseded by the Authority.

7. To cut the controversy short, in terms of order dated 16.12.2024, Annexure P-9, after giving an opportunity to the parties to submit their response, Deputy Registrar of the Central Division dismissed the contention of the applicants before it. This order was assailed by the aggrieved parties, i.e. present petitioners under Section 93 of the Cooperative Societies Act and in terms of the impugned order (Annexure P-10), dated 08.01.2025, the appeal was dismissed.

8. Learned Counsel for the petitioners though candidly admitted that the Managing Committee failed to initiate the election process, 90 days prior to completion of its tenure but he submitted that the word “shall” has to be interpreted in a manner which is not myopic, as has been done by the authorities and further as the delay was bonafide and explainable, therefore also, such harsh decision was not called for in the facts of the present case.

9. On the other hand, lea