JUDGMENT :

1. Heard Mr. Umesh Vats and Mr. Balwant Singh, learned counsel for the petitioners; Mr. H.N. Singh, learned Senior Advocate assisted by Mr. Atul Kumar Shahi, learned counsel for respondent no.2 and Mr. Krishna Ji Shukla, Advocate, holding brief of Mr. N.K. Chatterjee, learned counsel for the Union of India.

2. By means of present writ petition, the petitioners have sought following reliefs:-

“i) Issue a writ, order or direction in the nature of mandamus commanding and directing to the Central Registrar, Co-operative Societies, Department of Agriculture and Co-operative, Government of India, New Delhi to take appropriate decision on the matter of the petitioners and appoint returning officer to hold the election of the bank (North Eastern & East Central Railway Employees' Multi – State Primary Co-operative Bank Limited, Gorakhpur).

ii) Issue a writ, order or direction in the nature of mandamus directing to the Central Registrar (respondent no.1) to send report to the Reserve Bank of India regarding the expiration of the terms of the general body as well as Board of Directors of the Bank to the Reserve Bank of India (respondent no.4).

iii) Issue a writ, order or direction in the nature of mandamus commanding and directing to the Reserve Bank of India to take appropriate decision to supersede the Board of Directors i.e. North Eastern & East Central Railway Employees' Multi – State Primary Co-operative Bank Limited, Gorakhpur and administrator upon.

iv) Issue a writ, order or direction in the suitable nature which this Hon'ble Court may deem fit and proper under the circumstances of the case.

v). Award the cost of the writ petition to the petitioners.”

3. By means of an amendment application, which was allowed by this Court on 27.03.2023, further relief was added:-

“i-A) Issue a writ, order or direction in the nature of certiorari quashing the elections dated 08.01.2020, 18.02.2020 and 19.02.2020 held by the respondent nos.2 & 3.”

4. The brief facts of the case are that “North Eastern & East Central Railway Employees Multi State Primary Co-operative Bank Limited, Gorakhpur” (The Bank.) is a Co-operative Society, which was established in the year 1921 and initially registered under the Cooperative Societies Act, 1912(Act, 1912). Subsequently, it was brought under the provisions of “Multi State Cooperative Societies Act, 1942” for extending the objects of the Society. Thereafter, “Multi State Cooperative Societies Act, 1984”(Act, 1984) was enacted for incorporation, regulation and winding up of Multi State Cooperative Societies. Since, the area of operation of the said Society is more than one State and therefore, it was also registered under the provisions of the Act, 1984. Later on, the Act, 1984 was amended and “Multi-State Co-operative Societies Act, 2002” (Act, 2002) was enacted. The Society was again registered under the provisions of Act, 2002. The Society has its own registered bye-laws. It does not receive any fund from the State Government or Central Government. The bank is running and functioning according to the provisions of the Act, 2002 and the provisions of Multi-State Co-operative Societies Rules, 2002(Rules, 2002).

5. It also appears from the record that the terms of delegates, members and office bearers of the Board are five years. Once the term of the general body of the Bank was going to expire in the month of August, 2015 then the Board of Directors of the Bank had proceeded to pass a resolution on 10.04.2015 for holding a meeting of the general body of the bank as well as the board of the bank. The said resolution was duly intimated to the Central Registrar on 30.04.2015. The election programme was notified on 11.05.2015 and the election of the general body/delegates was held and the result was declared on 26.06.2015, wherein 250 delegates from 11 departments were elected. The Returning Officer notified the election of the members of the board and office bearers on 29.06.2015 and the same was duly informed t