- (1.) AT the outset it may be mentioned that learned Counsel for the petitioners and learned Counsel for the State, on the instructions received by him, submitted that election process has not started as election programme has not been issued and, therefore, the petitions are maintainable.
(2.) WRIT Petition No. 4920 (MB) of 2005 and WRIT Petition No. 4922 (MB) of 2005 are being decided by this common judgment. These are two writ petitions challenging final determination of the constituencies, allocation of the seats to each constituency and also number of seats allocating to individual members constituency. The elections for the Committee of Management of the District Co-operative Federation Ltd. , Unnao are to take place on the expiry of the term of the Committee of the Management, which is to expire on 10-9-2005. We have been informed that 14-9-2005 and 15-9-2005 are the dates fixed for polling for elections but the election programme has not been declared.
(3.) SECTION 29 (1) of U. P. Co-operative Societies Act, 1965 says that the Management of every Co- operative Society shall vest in a Committee of Management constituted in accordance with this Act, the rules and the bye-laws, which shall exercise such powers, and perform such duties as has been conferred or imposed by this Act, the rules and the bye-laws. Besides prescribing the term of Committee of Management sub- section (3) of Section 29 provides that election to reconstitute the Committee of Management of a Co-operative 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 ).;