The Registrar has a statutory duty to conduct elections for the Committee of Management before the expiry of their term, and such duty cannot be bypassed under enabling provisions.

JUDGMENT :

MANOJ KUMAR TIWARI, J.

1. Mr. M.C. Kandpal, Sr. Advocate, assisted by Mr. Devesh Kandpal, Advocate for the petitioners.

2. Mr. Shobhit Saharia, Advocate for the petitioners in WPMS Nos. 3176 and 3189 of 2023.

3. Mr. C.S. Rawat, Chief Standing Counsel for the State.

4. Mr. Sandeep Kothari, Advocate for Co-operative Election Authority.

5. Since, common questions of law and facts are involved in these writ petitions, therefore, they are being heard and decided by this common judgment. However, for the sake of brevity, the facts of WPMS No. 1999 of 2023 are considered and discussed.

6. This writ petition is filed by Multipurpose Sadhan Sahkari Samiti Ltd., Banana, Block Bhimtal. According to the petitioner, the term of Committee of Management expired on 22.07.2023 and thereafter an administrator was appointed to look after the affairs of the society. However, no efforts have been made to hold election to reconstitute Committee of Management even after expiry of more than seven months. The substantive relief sought in the present writ petition are reproduced below:-

“(i) Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 2 and 3, to appoint the Returning Officer for conducting the Election of Petitioner’s Societies as per the UTTARAKHAND CO-OPERATIVE SOCIETIES ACT , 2003 and Uttaranchal Co-operative Societies Rules 2004 and to grant any other Consequential relief.

(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent authorities to allow the present Board to continue till Election are concluded.”

7. The prayer made in relief clause no. 2 cannot be granted, as after expiry of term of the earlier Committee of Management, it cannot be permitted to continue in office in view of Section 29(5) (a) of the Uttarakhand Cooperative Societies Act, 2003.

8. As regards the first prayer, reference can be made to sub-section 3 of Section 29, as amended by Uttarakhand Act No. 22 of 2013, w.e.f. 01.04.2013, which reads as under:-

“29 (3) To ensure that the newly elected members of the Board assume office immediately on the expiry of the office of members of the outgoing Board, the election shall be conducted before the expiry of the term of the Board.”

9. Before amendment, sub-section 3 of Section 29 provided that the election to reconstitute Committee of Management of a co-operative society shall be completed under the superintendence, control and direction of the Registrar at least two months before the expiry of the term of the Committee of Management.

10. Thus, this Court finds substance in the submission made by learned senior counsel for the petitioner that by virtue of Section 29(3), Registrar is under a statutory duty to complete the election process before expiry of the term of the Board/Committee of Management.

11. Learned Chief Standing Counsel admits that term of the Committee of Management expired on 22.07.2022. He, however, relies upon Section 29(5)(b) read with Section 29(7) of the Act to contend that since the Registrar is competent to appoint Administrator/Committee of Administrators, who may continue in office for one year and six months from the date of appointment, therefore, the State Government is justified in not initiating election process.

12. The submission made by learned Chief Standing Counsel cannot be accepted. Section 29(3) casts a duty upon the Registrar to conduct elections before expiry of the term of the Board/Committee of Management, therefore, the respondents cannot take shelter behind Section 29(7), which enables the Administrator or Committee of Administrators to hold office for a period of one year and six months. Section 29(5)(b) re