G.P.Mathur, J. - (1.) The respondent No. 6 of Civil Misc. Writ Petition No. 8375 of 2002 has filed this review petition for reviewing the judgment and order dated 16.3.2002. The review petition has been filed not on account of any error in the judgment but on account of subsequent amendment in the Legislation.
(2.) The election to elect the Committee of Management of Nagar Sahkari Bank Ltd., Gorakhpur, which is an Urban Cooperative Bank and is governed by the provisions of U. P. Co-operative Societies Act 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. Sub-section (2) of Section 29 of U. P. Co-operative Societies Act (hereinafter referred to as the Act), at the relevant time, provided 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. The Registrar, Cooperative Societies, 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.
(3.) Sub-sections (2) and (3) of Section 29 of the Act (after its amendment by U. P. Act No. 19 of 1998), read as follows ; "(2) (a) 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. (b) The provisions of Clause (a) shall apply also to a Committee of Management in existence on the date of the commencement of the Uttar Pradesh Co-operative Societies (Second Amendment) Act, 1998 and to the elected members of such Committee. (c) The term of a Committee of Management, which has completed, on or before the date of the commencement of the Act referred to in Clause (b), the period of three years from the date of its constitution, and the term of its elected members, shall expire on such commencement. (3) Election to reconstitute the Committee of Management of a cooperative society shall be completed in the prescribed manner under the superintendence, control and direction of the Registrar at least fifteen days before the expiry of the term of the Committee of Management and the members so elected shall replace the Committee of Management whose term expires under Sub-section (2) : Provided that, where for any extraordinary circumstance, the election of the members of the Committee of Management has not been completed, or could not be completed, the Registrar may, for reasons to be recorded, extend the term of the outgoing Committee of Management so, however, that any single extension does not exceed three months and the total extension does not exceed six months and it shall be the duty of the Registrar to get the Committee of Management reconstituted before the expiry of the term so extended and such Committee of Management shall replace the outgoing Committee of Management even though its extended term may not have expired.";