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2012 Supreme(All) 2181

YATINDRA SINGH, MAHENDRA DAYAL
PREM NARAYAN SINGH – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Uma Nath Pandey and H.R. Mishra for the Petitioner; C.S.C. for the Respondents.

JUDGMENT

By the Court.—The question involved in this case is, whether the final determination of the constituencies of a co-operative society can be set aside on the ground that in view of,

The second proviso to Section 29(3) of the U.P. Co-operative Societies Act, 1965 (the Act), the provisional determination of the constituencies should have been published again on postponement of the elections; and

The second proviso to Article 243ZJ of the Constitution, two constituencies ought to have been reserved for women,.

THE FACTS

2. The petitioner is a member of Sadhan Sahkari Samiti Limited, Goonda Kunwar, Block Vikram Jot, Tehsil Harraiya, District Basti (the Goonda-Kunwar co-operative society).

3. The Goonda-Kunwar co-operative society is a primary level co-operative society. The elections, in such primary co-operative societies, were held in the year 2009 and their term is three years. It is coming to an end in 2012.

4. The Registrar, Co-operative Societies, Lucknow (the Registrar) by notification dated 1.6.2012 published the election schedule for the elections of such co-operative societies.

5. In pursuance of the election schedule, a provisional determination of the constituencies















































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