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1987 Supreme(All) 583
IN THE HIGH COURT OF ALLAHABAD
A. N. VERMA, PALOK BASU, JJ.
ITWARI SHIKSHAN SANSTHA - Appellant
Versus
REGISTRAR, CO-OPERATIVE SOCIETIES, LUCKNOW - Respondents
Civil Misc 23236 Of 1987
Decided On : 12/17/1987
N.S.CHAUDHARY
The Registrar's power to extend the time schedule for elections under Rule 440(1) of the U. P. Co-operative Societies Act, 1965, includes the authority to extend the entire schedule, not just a part of it.
Headnote:
ELECTION - EXTENSION OF TIME SCHEDULE - POWER OF REGISTRAR - U. P. CO-OPERATIVE SOCIETIES ACT, 1965 - RULE 440(1) - RULE 439(1) - RULE 443(1) - INTERPRETATION - SCOPE.
Fact of the Case:
The petitioners challenged the Registrar's order extending the time schedule for the election of the Committee of Management of notified Societies, arguing that the Registrar lacked the authority to extend the dates of processes already completed.
Finding of the Court:
The court upheld the Registrar's authority to extend the entire time schedule, including processes already completed, under the second proviso to Rule 440(1) of the U. P. Co-operative Societies Act, 1965. The court interpreted the term "election" in Rule 439(1) to encompass the entire process, from filing nominations to declaring results, and held that the Registrar's power to extend the time schedule under Rule 440(1) extended to the entire schedule.
Issues: 1. Whether the Registrar has the authority to extend the time schedule for the election of the Committee of Management of notified Societies, including processes already completed? 2. Whether the term "election" in Rule 439(1) of the U. P. Co-operative Societies Act, 1965, encompasses the entire process, from filing nominations to declaring results?
Ratio Decidendi: 1. The court interpreted the second proviso to Rule 440(1) of the U. P. Co-operative Societies Act, 1965, to confer broad powers on the Registrar to allow extensions in the time schedule for elections, subject only to the provisions of Section 29. The court held that this power includes the authority to extend the entire schedule, not just a part of it. 2. The court interpreted the term "election" in Rule 439(1) of the U. P. Co-operative Societies Act, 1965, to encompass the entire process, from filing nominations to declaring results. The court reasoned that the Registrar's power to supervise and control elections under Rule 439(1) extends to the entire process, and that the power to extend the time schedule under Rule 440(1) must be construed in light of this.
Final Decision: The court dismissed the petitions, holding that the Registrar had acted within his authority in extending the time schedule for the election of the Committee of Management of notified Societies.
( 1 ) THE controversy sought to be raised in this group of petitions is squarely covered by a Division Bench decision of this Court which is directly on the point [shiv Mangal Singh v. Registrar, Co-operative Societies, v. P. , 1982 UPLBEC 46 : 1981 AH LI 1297]. The question involved is whether while allowing the extension of the time schedule fixed for the election of the Committee of Management of a notified Society, it is competent to the registrar of the Co-operative Societies to extend the dates of even those processes of election which have already been completed. Analysing the entire scheme of the U. P. Co-operative Societies Act and the Rules framed thereunder governing the election of such notified Societies in considerable depth the Division bench answered this question in the affirmative. As the point involved in these petitions is identical, they are being disposed of by a common judgment.
( 2 ) WE will first have a brief look at the scheme of the election. The general body for the election of the Committee of Management of a notified society consists of delegates who are themselves elected by the primary members of the Society in accordance with the rules set out in Part IV of the Rules framed under the Act. After the election of the delegates who constitute the electorate, the Committee of Management is elected in accordance with the rules appearing in Part IV.
( 3 ) UNDER Rule 439 (i) the superintendence, direction and control for organising these elections vests in the Registrar and under sub-rule (2) of Rule 439, the Registrar fixes the date or dates for the election in such Co-operative societies and requires the District Magistrate concerned to appoint an Election officer for conducting these elections. The latter then notifies the time schedule for the election. Under the second proviso to Rule 440 the Registrar has power to allow extension of the time schedule in special circumstances to be recorded in writing.
( 4 ) IN the exercise of the power under Rule 439 (1) and (2) the Registrar fixed by an order issued on 16-10-87 a time schedule and required the District magistrates of the concerned districts to appoint Election Officers so that the elections of the Committee of Management of these Societies could be held on the dates fixed by him. Following these directions the Election Officers notified the dates for the publication of provisional voters list, filing of objections and the decision of the same, publication of the final voters list, the declaration of the reserved constituencies, filing nomination papers and for the withdrawal of the same and the decision of the objections in regard thereto, allotment of the symbols and finally, of the poll and declaration of result and thereafter the election of the Chairman and Vice-Chairman and the declaration of their results. By way of illustration, we are reproducing the time schedules fixed in the leading case (Itwari v. Registrar, Co-operative Societies): (i) the date for display of provisional voters list: 25-11-87 (ii) the date, time and place for filing objections and their disposal; 26-11-87 (iii) the date for display of final voters list ; 28-11-87 (iv) the date, time and place for filing nominations : 29-11-87 (v) the date, time and place for withdrawal of nomination : 30-11-87 (vi) the date, time and place for allocation of election symbols and display of final nominations : 30-11-87 (vii) the date, time and place of poll : 10-12-87
( 5 ) IN pursuance of the above election programme the various petitioners filed their nomination papers and it is alleged that in the case of some of the petitioners after the expiry of the date fixed for the withdrawal of the nomination papers they alone were left in the field. Some of the petitioners had even been allotted symbols on 30-11-1987. On these allegations the petitioners contended that if the election had been allowed to be concluded according to the time schedule fixed as above, they would h
