B.S.Chauhan, J. - (1.) This writ petition has been filed for issuing a direction to the respondents to allow the petitioners to continue as the Committee of Management of the District Co-operative Bank Limited, Moradabad till the new Committee of Management is constituted by holding elections.
(2.) The facts and circumstances giving rise to this case are that the District Co-operative Bank Limited, Moradabad is a Central Co-operative Society duly registered and governed by the provisions of the U.P. Co-operative Societies Act, 1965, hereinafter called 'the Act" and the U.P. Co-operative Societies Rules, 1968, hereinafter called "the Rules". The last election of the Committee of Management of the said Bank was held on 6th July, 1999 and the tenure at that time of the Committee so elected had been three years. However, prior to the expiry of the said tenure, the provisions of the Act were amended and the tenure of the Committee so elected was made for five years in stead of three years and in pursuance thereof, the Committee of Management-present petitioners had a tenure upto 5th July, 2004. The Committee of Management passed a resolution in its meeting held on 11.11.2003 requesting the Registrar Co-operative Societies, U.P., Lucknow, respondent No. 2 to hold the election of the new Committee of Management. Again, such a resolution was passed on 14.12.2003 as the tenure of the Committee was expiring on 5th July, 2004. The respondent No. 2 vide order dated 23.6.2004 fixed the date of elections of Committees of Management of different Co-operative Societies and the District Co-operative Banks including the petitioners, in 3rd week of December, 2004. Hence, this petition.
(3.) Shri H.R. Mishra, learned Counsel for the petitioners has submitted that undoubtedly, the tenure of the Committee of Management is over but as respondent authorities failed to hold the fresh election of Committee of Management and in other similarly situated Societies particularly that of the Milk Co-operative Societies, the Authority concerned vide order dated 26.6.2004 appointed the same Committee of Management as the administrative Committees, thus petitioners are being given hostile treatment not to give the similar treatment to them. Provisions of Section 29 of the Act provides for reconstitution of the Committee of Management of a Co-operative Society before 15 days of the expiry of the term of the Committee of Management: Clause (4) thereof cast the duty upon the Secretary of the Society to send requisition to the Registrar for conducting the election of the Co-operative Society four months before of the expiry of the term of the Committee of Management. As the resolution had already been sent much in advance and the respondents failed to conduct the election; petitioners have a right to continue till the election is held. Shri Mishra further placed reliance upon the Division Bench decision of this Court (Lucknow Bench) passed in Writ Petition No. 2390 (M/B) of 2004, Gangol Sahakari Dugdh Utpadak Sangh, Partapur, Meerut and Anr. v. State of U.P. and Ors., dated 21.5.2004 wherein a direction had been issued to the Registrar to ensure that the election process comes to an end before 15 days of the expiry of the term of the existing Committee of Management of a Co-operative Society and in view thereof, it is submitted that as the respondents failed to hold the election in time, the petitioners should be permitted to continue in office.;