The main legal point established in the judgment is the interpretation of the provisions of the U.P. Cooperative Societies Act, 1965 and the Rules regarding the appointment and functions of the interim management committee, as well as the responsibilities of the Election Officer in finalizing the voter list.

JUDGMENT :

1. This petition has been filed by Committee of Management Gandhi Grah Nirman Sahkari Samiti Ltd. seeking the following reliefs:-

i) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 01.02.2023, passed by opposite party number 4, contained as Annexure No.1 to the writ petition;

ii) Issue a writ, order or direction in the nature of mandamus commanding the opposite party number 2 to hold the election of the Committee of Management of Gandhi Grah Nirman Sahkari Samiti Limited, Varanasi forthwith.

iii) Issue a writ, order or direction in the nature of mandamus commanding the opposite party number 3 to allow the petitioner Committee of Management to manage affairs of the Society till the elections are held."

2. It is not in dispute that term of the Committee of Management has expired and elections to the same could not be held prior to expiry of the said term. In these circumstances, Additional Registrar Co-operative Society pertaining to the Cooperative Housing Society has issued the impugned order on 01.02.2023 constituting an interim management committee u/s 29(4-B) of U.P. Cooperative Societies Act, 1965 comprising of five members including Cooperative Officer (Housing), Varanasi who happens to be an employee of the Housing Department of the Government.

3. With regard to validity of this constitution of interim management committee petitioner's contention is that opposite party No.5 being an employee of the Housing Department cannot function as an Election Officer in view of Proviso to Rule 8 of the U.P. State Cooperative Societies Election Rules, 2014, but, after notification of the election by the Election Commission, which in fact has lapsed, he is sending information pertaining to the voter list and valid members to the District Magistrate, which is a function, only the Election Officer can perform after he is appointed and in this regard. He has placed before the Court relevant provisions of the Rules.

4. On the other hand, it is informed that as per Rule 12 of the aforesaid Rules, 2014, the Secretary or the Managing Director of the society are empowered to prepare a list of all voters against whose name, disqualification, if any, as described in the Act, the Rules, 2014 or bye-laws, are to be mentioned and the members, ordinary members or sympathizers, duly enrolled 120 days before the date of election, in accordance with direction given by the Commission from time to time or the provisions for the time being in force, therefore, this function has to be performed by the interim managing committee which comprises of five members, of which Cooperative Officer Housing is only one of them.

5. We find that there is no prohibition in appointing him as part of the interim managing committee u/s 29(4) B of the Act, 1965. It is also informed that ultimately the provisional voter list is to be published by the Election Officer under Rule 13 and, thereafter, it has to be finalized by the same officer, therefore, merely because some information is being sent by the interim management committee of which the said officer is a part, this will not give a cause to the petitioner to challenge its constitution.

6. Term of every committee of management of a Cooperative Society is defined under Section 29(2)(a) as 5 years and the term of the elected members of the committee of management shall be co-terminus with the term of such committee.

7. As per sub-section 4-A of Section 29 of the Act, 1965, due to any reason, what’s over, if members of the management committee have not elected and could not get elected before expiry of its five years tenure then committee of management shall cease to exist after expiry of its term notwithstanding anything to the contrary in any other provision of the Act, 1965, or the Rule made thereunder or the bye-laws of the society and in this eventuality Section 4-B comes into play and Registrar appoints an interim management committee.

8. We find merit in the content