Yashoda Nandan, J. - (1.) spondent No. 1 ganna sahkari vikas samiti ltd., daurala, district meerut (hereinafter referred to as the society) is a "primary society" as defined in Section 2 (q-1) of the u. P. Co-operative societies act, 1965 (hereinafter referred to as the act). According to clause 3 of it bye-laws, the area of operation of the society does not exnend beyond the revenue district of meerut. Clause 5 of the bye-laws of the society provides that its membership shall be open to "(a) ordinary members, namely (i) individual who within the limits of the society cultivate sugarcane either himself or through hired labour and who is of sound mind and who should not be below 18 years of age (ii) co-operative societies; (iii) state and central government; (iv) educational societies situated within the limits of the society and who grow sugarcane crop; and (v) nominal members."
(2.) the petitioners are individual members of the society. According to clause 34 of the bye-laws the general body of the society is constituted by, (i) delegates of the individual members of village where there is no primary society; (ii) one representative of each member of the cooperative society ; (iii) one representative of each state and central government in case it is a member; (iv) one representative of each member of the sugar mill ; (v) one representative of each member of the educational society; (vi) district cane officer; (vii) concerned senior cane development inspector. clause 47 of the bye-laws of the society provides that the managing committee of the society shall be elected by its general body is an annual general meeting in accordence with the bye-laws regarding elections. Clause 39 provides that individual member shall cast their votes only through delegates and shall not be entitled for voting individually.
(3.) it is a society in respect of which a notification un-disputably has been issued by the state government as ccntemplated by the proviso to sec. 29(3) of the act, vesting the superintendence direction, control and conduct of election of its members,chairman and vice-chairman of the committee of management in the registrar. The deputy cane commissioner, western region, meerut, who is also the registrar, cane co-operative societies, exercising the powers of the registrar, passed an order dated 9th August, 1978, under, sec. 29 of the act read with Rule 439(2) of the Rules framed thereunder fixing 28th SEPTEMBER, 1978 for holding elections and directed the district magistrate, meerut, to appoint an election officer. The sub-divisional magistrate, sardhara was appointed by the district magistrate as the election officer for holding of the committee of managements. After the regisrar had finally determined and published the constituencies under Rule 440 (8) in the "dainik hamara yug", dated 1st SEPTEMBER, 1978, a local newspaper published from meerut, the petitioners field nomination papers for selection as members of the committee of management of the society from daurela. Sambholi sardhana, kaithvari; lavar and pusar constituencies. Their nomination papers were accepted as valid by the election officer after scruting and they became candidates for election as members of the managing committee of the society. It is alleged that respondent No. 2 did not file any nomination paper as a candidate for election as member of the committee of the society. On the 16th OCTOBER, 1968, which wasa postponed date, the petitioners were declared as duly elected members of the committee of management.;