G.P.Mathur, J. - (1.) The question which requires consideration here is whether the Committee of Management of a Co-operative Society get an extended lease of life in view of U. P. Ordinance No. 27 of 2001 if its original term of three years had not expired before 24.12.2001.
(2.) Parties have exchanged affidavits and on their request, the writ petition is being disposed of finally at the admission stage.
(3.) Nagar Sahkari Bank Ltd.. Gorakhpur, is an Urban Co-operative Bank. The election to elect the Committee of Management of the aforesaid Co-operative Society was held on 28.12.1998 and a Board of Directors was elected. The Board of Directors in its meeting held on 29.12.1998 elected the Chairman and Vice-Chairman. Ram Singh, who was elected as the Chairman of Committee of Management of Nagar Sahkari Bank Ltd. Is petitioner No. 2 in the writ petition. Sub-section (2) of Section 29 of U. P. Co-operative Societies Act (hereinafter referred to as the Act), at the relevant time, laid down that the term of every Committee of Management shall be three years and the term of the elected members of the Committee of Management shall be co-terminus with the term of such Committee. Sub-section (3) of Section 29 provides that election to reconstitute the Committee of Management of a Cooperative Society shall be completed at least fifteen days before the expiry of the term of the existing Committee of Management. In accordance with the said provision, steps were taken for holding fresh election and the Secretary of the Co-operative Society wrote a letter to the Assistant Registrar. Co-operative Societies on 28.8.2001 in accordance with Rule 407 of U. P. Co-operative Societies Rules (hereinafter referred to as Rules), to take appropriate steps for holding of the election. The Registrar, Co-operative Socicties, U. P. fixed 21.12.2001 as the date for holding the election of Committee of Management and 22.12.2001 as the date for sending the delegates to other Societies. In accordance with the said programme, the election to constitute the new Committee of Management was held on 21.12.2001 and the Chairman and Vice-Chairman thereof were elected on 22.12.2001. Two days thereafter, i.e., on 24.12.2001, the Governor of U. P. promulgated the U. P. Co-operative Societies (Amendment) Ordinance, 2001 (U. P. Ordinance No. 27 of 2001) by which Sub-section (2) of Section 29 was amended and the term of Committee of Management was extended to five years. The petitioners claim that in view of the aforesaid Ordinance, they are entitled to continue and function as Committee of Management and Chairman respectively upto 28.12.2003 and the Committee of Management, which was elected on 21.12.2001 is not entitled to function or exercise any power.;