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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE AJAY MOHAN GOEL
Dola Singh Mahant – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. petitioners argue for leniency due to circumstances. (Para 2 , 8 , 9) |
| 2. failure to initiate timely elections leads to appointment of administrator. (Para 3 , 4 , 5 , 6) |
| 3. statutory interpretation of 'shall' indicates mandatory action. (Para 10 , 12 , 14 , 15) |
| 4. court finds meritless petition; underscores election timeline. (Para 17 , 19) |
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.”
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 Administ....
The appointment of an Administrator for a cooperative society cannot extend beyond one year without elections, infringing on statutory governance mandates.
The main legal point established in the judgment is the validity of the appointment of a Board of Administrators for a Co-operative Society under the West Bengal Co-operative Societies Act, 2006.
The term of a cooperative society's managing committee cannot be extended beyond its statutory period despite external delays affecting elections.
A co-operative society's managing committee can call for elections before the term expires without needing a prior recommendation from the Registrar.
The court established that the timely conduct of elections for office bearers in cooperative societies is a legal obligation, not subject to arbitrary delays.
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