M.KATJU, J. - (1.) BY means of this writ petition, the petitioners have prayed for a writ of certiorari to quash the impugned orders dated 23.4.2002 and 26.4.2002, Annexures -3 and 4 to the writ petition and for a mandamus directing the respondents not to interfere with the functioning of the petitioner No. 2 as Committee of Management of the Co -operative Society in question till 6.3.2004.
(2.) THE petitioners are relying on the U. P. Co -operative Societies (Amendments) Ordinance, 200.1, being Ordinance No. 27 of 2001 copyof which is Annexure -2 to the writpetition. By means of this Ordinance the term of the society has been extended from 3 years to 5 years. In Committee of Management u. Registrar, Co -operative Societies, 2002 (2) AWC 1353, a Division Bench of this Court held that if the term of the Committee of Management has not expired before the date of the promulgation of the above Ordinance on 24.12.2001, its term will continue for five years in view of the above Ordinance. However, subsequently, the same Bench in Civil Misc. Modification Application /Review Petition No. 87293 of 2002 in Writ Petition No. 8375 of 2002 reviewed its own judgment dated 16.3.2002 (referred to above) and has held that since the Ordinance has lapsed, hence, the term of the Committee of Management will only be 3 years and not five years. Accordingly, the Division Bench allowed the review application.
(3.) THEREAFTER another development took place, namely, that on 4.7.2002 the U. P. Government issued another Ordinance being U. P. Ordinance No. 10 of 2002 a copy of which is Annexure -5 to the petition. Section 2 (ka) of the said Ordinance states that the term of the Committee of Management will be five years. However, Section 2 (kha) of the said Ordinance states that this Ordinance will be applicable to the society which is in existence on the date of the Ordinance. In other words, the U. P. Ordinance No. 10 of 2002 will only apply to the societies which were in existence on 4.7.2002. Hence, where the term of 3 years of any co -operative society expired before 4.7.2002, that society will not get the benefit of U. P. Ordinance No. 10 of 2002. It is only those societies whose 3 years term had not expired on or before 4.7.2002 which will be entitled to continue in existence for five years.;