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2008 Supreme(All) 1637
ALLAHABAD HIGH COURT
V.K.Gupta,CJ
COMMITTEE OF MANAGEMENT SAHKARI GANNA VIKAS SAMITI LTD
Versus
STATE OF UTTARAKHAND
Decided On : 30 July 2008
Writ Petition No. 343 of 2008, With Writ Petition No. 344 of 2008 and Writ Petition No. 353 of 2008
Alok Singh, J.P.Joshi,
The main legal point established is that the Administrator appointed by the Registrar cannot alter the composition of the society or make delimitation of the election areas.
Headnote:
Election - Cooperative Societies - Uttarakhand Cooperative Societies Act, 2003, Section 29 - The court discussed the provisions of the Uttarakhand Cooperative Societies Act, 2003 and the Amending Act, 2007, particularly focusing on the term of Committee of Management, appointment of Administrator, and the statutory duty of the Registrar to complete elections of the Committee of Management.
Fact of the Case:
The petitioners sought writs to hold elections of Sahkari Ganna Vikas Samitis and to prevent the appointment of Administrators in place of the present Committee of Management. The term of Committee of Management was reduced from 5 years to 2 years by the Amending Act, 2007, and the Registrar was required to complete elections at least two months prior to the expiry of their terms.
Finding of the Court:
The court found that the Administrator appointed by the Registrar cannot enroll new members for the election or change the composition of the society. The election program proposed by the Cane Commissioner was approved, and the District Magistrates were directed to hold the elections expeditiously.
Issues: The issues involved the term of Committee of Management, appointment of Administrator, and the duty of the Registrar to complete elections before the expiry of the term.
Ratio Decidendi: The court held that the Administrator has no right to alter the composition of the society or make delimitation of the election areas, and that the election program proposed by the Cane Commissioner was appropriate and reasonable.
Final Decision: The writ petitions were disposed of accordingly.
The respondents have filed Personal Presence Exemption Application sepa rately in all the writ petitions. The ap plications are accompanied by the affi davits of Shri V. N. Mishra, Assistant Cane Commissioner. District Udham Singh Nagar and he is present before this Court. After considering the Exemption Applications accompanied by separate affidavit, all the Exemption Applications are allowed. All Exemption Applications are hereby disposed of accordingly.
2. Ail the aforesaid writ petitions have been filed for seeking a writ, order or direction in the nature of mandamus commanding the respondents to hold elections of all the Sahkari Ganna Vikas Samitis of the State; a writ, order or di rection in the nature of mandamus com manding the respondents not to appoint Administrator in please of the present Committee of Management of various Sahkari Ganna Vikas Samitis in the State and further direct the respondents not to interfere in the working of the present Committee of Management of all Sahkari Ganna Vikas Samitis of the State till constitution of new Committee of Management of respective Sahkari Ganna Vikas Samitis of the State; any other order or direction which this Honble Court may deem fit and proper in the facts and circumstances the case; and award the cost of the petitions to the petitioners.
3. At the time of last election, the term of Committee of Management as prescribed under the Uttarakhand Coop erative Societies Act, 2003 (hereinafter referred as "principle Act") was 5 years and thereafter the Uttarakhand Coopera tive Societies (Amendment) Act, 2007 (hereinafter referred as amending Act, 2007") was enacted by which the term of Committee of Management was re duced from 5 years to 2 years and it also provided for appointment of Administra tor in case the election of the Commit tee of Management is not held before expiry of term of Committee of Manage ment of the Cooperative Society. Sub section (3) of Section 29 of the Princi pal Act, 2003 further imposes a statu tory duty on the Registrar, Cane Coop erative Societies to complete the elec tions of the
Committee of Management of the Cooperative Societies at least two months prior to the expiry of their terms so that newly constituted Committee of Management may replace the old Committees of Management after expiry of their terms. When the Cane Commis sioner did not fix any date for election of all the Sahkari Ganna Vikas Saitis of the State, whose terms had expired by virtue of the Amending Act, 2007, the petitioners passed a resolution request ing the Cane Commissioner to hold elec tions of the Committee of Management of various Sahkari Ganna Vikas Samitis before the expiry of the term of the Committee of Management. The peti tioners sent the proposed resolution to the Cane Commissioner and when the Cane Commissioner failed to hold elec tions of the Sahkari Ganna Vikas Samitis, hence all these petitions have been filed before this Court.
4. The Cane Commissioner (re spondent no. 2) has filed a Supplemen tary Affidavit dated 26-07-2008 in which he has filed a schedule of the proposed elections after consultation with the con cerned officers of Cane Department. According to proposed programmes which is annexed as Annexure-1 to the Affidavit, the publication with respect to the determination of election areas would be done by 05-09- 2008; the pre scribed authority would finally publish the determination of election areas by 19-9-2008; and the Cane Commissioner would issue the instructions to the Dis trict Magistrates by 30th September, 2008 for holding the elections.
5. The learned counsel for the peti tioners contended that it has been stated in the Supplementary Counter Affidavit dated 26-07-2008 and affirmed on 25th July 2008 that the Manage ment Committee has to re-determine the areas of election because during the period of earlier election and the current election some members may be reduced and enhanced. At least 10 members in the revenue vill
