- (1.) By these proceedings under Article 226 of the Constitution, the petitioner, which is a cooperative society registered under the U.P. Cooperative Societies Act, 1965, seeks to challenge an order passed by the third respondent, namely, the Deputy Housing Commissioner/Deputy Registrar, U.P.Avas Evam Vikas Parishad, appointing an interim Committee in pursuance of the provisions of Rule 438 of the Rules framed under the Act. The petitioner also seeks a mandamus directing the respondents not to interfere in the affairs of the society till the completion of a five year term of the Committee of Management of which the petitioner seeks the benefit under Amending Act 13 of 2013.
(2.) The election to the Committee of Management of the petitioner took place on 5 February 2011. Under Section 29 (2), as it then existed, the term of the Committee of Management was two years; the term of the elected members of the Committee of Management was co-terminus with the term of such Committee. On 2 June 2011, U.P. Ordinance No. 2 of 2011 was promulgated and brought into force by which the term of two years was extended to three years. However, by U.P. Ordinance No. 8 of 2012, which was notified on 19 October 2012, the term of the Committee of Management under Section 29 (2) (a) was once again reduced from three years to two years. In consequence of the operation of the Ordinance, the term of the Committee of Management of the petitioner, which was elected on 5 February 2011, expired by efflux of time on 5 February 2013. On 15 February 2013, U.P. Act No. 13 of 2013 was brought into force. The Amending Act which was enacted pursuant to the provisions of the 97th constitutional amendment stipulated that the term of every Committee of Management shall be five years. Clause (b) of sub section 2 stipulated that the provisions of clause (a) shall apply also to a Committee of Management in existence on the date of the commencement of Amending Act 13 of 2013 and to the elected members of such Committee. The relevant provisions of Section 29 (2) as amended by Act 13 of 2013 are as follows:- "(2) (a) The term of every Committee of Management shall be five years and the term of 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 (Amendment) Act, 2013 and to the elected members of such committee."
(3.) Now, in the present case, the election to the Committee of Management was held on 5 February 2011. The first meeting of the duly elected Committee was held on 6 February 2011 when the Chairman and the Vice Chairman were elected. On the date of the election, the term of the Committee under Section 29 (2) (a), as it then existed, was two years. During the tenure of the Committee, as a result of U.P. Ordinance No. 2 of 2011, the term was extended to three years but again as a result of U.P. Ordinance No. 8 of 2012, the term stood reduced to two years. Consequently, the term of the Committee of Management of the petitioner came to an end on 5 February 2013, that is, before Amending Act 13 of 2013 was brought into force with effect from 15 February 2013. Clause (b) of sub section 2 of Section 29 of the Amending Act extended the provisions of Clause (a) to a Committee of Management in existence on the date of the commencement of the amending Act. Since the term of the Committee of Management had already come to an end before 15 February 2013, the extension of the term from two years to five years did not accrue to the benefit of the Committee of Management of the petitioner.;