COMMITTEE OF MANAGEMENT, SAHAKARI GANNA VIKAS SAMITI Vs. REGISTRAR, CANE CO-OPERATIVE
LAWS(ALL)-2013-3-219
HIGH COURT OF ALLAHABAD
Decided on March 20,2013

Committee of Management, Sahakari Ganna Vikas Samiti through its Chairman Appellant
VERSUS
The Registrar, Cane Co -operative and Others Respondents

JUDGEMENT

Laxmi Kanta Mohapatra and Anurag Kumar, JJ. - (1.) HEARD learned Counsel for the petitioner and the learned Counsel for the State. The Committee of Management of Sahakari Ganna Vikas Samiti Ltd. is the petitioner No. 1 in the writ petition. The earlier Committee of Management was elected in the year 2006 and ordinarily its term should have expired on 2.4.2011. Because of the Ordinance of 34 of 2007 dated 5.9.2007, Section 29 of Uttar Pradesh Co -operative Societies Act, 1965 was amended and period was reduced from five years to two years. Accordingly, the term of the petitioner -Committee of Management expired on 2.4.2008. It is alleged in the writ petition that thereafter no election has been conducted and accordingly the prayer in the writ petition is for a direction to the respondents to conduct the election of the Committee of Management.
(2.) IT appears that at the time of admission by order dated 20.3.2008, this Court as an interim measure had directed continuance of the present Committee of Management till the elections are held by the registrar. Learned Counsel for the State has produced copy of an order passed by a Division Bench of this Court dated 10.2.2012 in a batch of similar writ petitions, where the Registrar was directed to conduct election of the Committee of Management and the Court also further observed that the elected Committee of Management shall continue till the period, it is entitled to continue.
(3.) SINCE by an interim order, the Court has permitted the petitioner -1, Committee of Management to continue, we dispose of the writ petition directing the Registrar, Cane Cooperative Societies, respondent No. 1 to conduct the election of the Committee of Management after determination of the constituencies and finalization of the voter list as early as possible preferably within four months from the date of communication of this order. The interim order shall continue till the elections are conducted and the elected Committee of Management takes over charge.;


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