Boards of directors must vacate their positions post-term completion as per S. 49(8) of the Act.

1. These 3 writ petitions have been preferred by the respective petitioners seeking following reliefs : -
(i) WP (C) No. 656/2013 has been preferred by the President of Board of Directors of District Co - operative Central Bank Limited, Durg seeking direction to the respondents to conduct election of the Co - operative Society and complete the same through the returning officer or through the State Election Commission; not to invoke powers under S. 49 of the CG Co - operative Societies At, 1960 (hereinafter referred to as 'the Act' ) and in the meanwhile, the petitioner - Board should be continued to function in the light of provisions contained in S.53(14)(iii) of the Act (as amended).
(ii) In WP (C) No. 949/2013, the petitioner, President of Raipur Zila Sahkari Sangh Maryadit, has prayed for quashment of the order dated 27-6-2013 (Annexure - P / 6) whereby the Deputy Registrar, Co - operative Societies, Raipur has invoked the provisions contained in S. 49(8) of the Act to declare that on account of completion of their elected term, the Board of Directors of the Society have deemed to vacate the office and the powers of the Board have vested in the Registrar. The petitioner has also prayed for direction to the Election Commission to hold the election to constitute new Management Committee and allow the present Board to function until new elections are held.
(iii) WP (C) No. 530/2014 has been preferred by Renuka Nagrik Sahkari Bank Maryadit seeking issuance of writ to restrain the Registrar from superseding the petitioner - society for default of the State Election Commission to hold the elections and further to direct the State Election Commission to hold the elections.

2. Thus, in substance, these 3 writ petitions involve common issue and questions of law as to whether after completion of their term of office for which they were elected, the respective Board of Directors / Managing Committee of the Society would vacate their office by virtue of S. 49(8) of the Act or by virtue of provisions contained in S. 53(14)(iii) of the Act, the Board of Directors deserve to be allowed to continue. The other issue is with regard to issuance of direction to the State Election Commission to hold election of the Managing Body / Board of Directors of the petitioner - societies.

3. Indisputably, pursuant to incorporation of Part - IXB in the Constitution, by the Constitution (97th Amendment) Act, 2011 with effect from 15-2-2012, the State Legislature brought out an amendment entrusting superintendent, directions and control of preparation of electoral rolls for, and conduct of, all elections to the Co - operative Society, to the State Election Commission. The said amendment came into force on 13-2-2013. In WP (C) No. 487/2013 and 2 more connected writ petitions, the single Bench of this Court directed the State Election Commission to take over conduct of election of co - operative societies and complete the same as expeditiously as possible. However, the State Election Commission has challenged the said order by preferring WA No. 364/2013, which is pending before the Division Bench.

4. In the meanwhile, the Governor of Chhattisgarh has promulgated an ordinance namely, Chhattisgarh Co - operative Societies (Amendment) Ordinance, 2014, which has become operational from the date of publication in the Official Gazette i.e. 30-9-2014. S.5 of the said ordinance substitutes S. 50 - B of the Principal Act and the new provision enjoins constitution of State Co - operative Election Commission, which shall have power of superintendent, direction and control of the preparation of electoral rolls for,