KRISHNA DEO MISRA Vs. DISTRICT MAGISTRATE AGRA
LAWS(ALL)-1985-5-42
HIGH COURT OF ALLAHABAD
Decided on May 03,1985

Krishna Deo Misra Appellant
VERSUS
DISTRICT MAGISTRATE AGRA Respondents

JUDGEMENT

N.D.Ojha, J. - (1.) A notice was issued on the 4th April 1985 by Respondent 2 fixing the time schedule for the election of the Committee of Management of the Adan Bagh Sahkari Grah Nirman Samiti, Limited, Dayalbagh, Agra. It is this notice which has been challenged in the present writ petition. It has been asserted by the counsel for the Petitioner that the Registrar, Cooperative Societies has postponed the holding of elections in the Cooperative Societies till October 1985 and consequently it was not open either to the District Magistrate, Agra Respondent 1 or to the Respondent 2 mentioned above to take any steps to bold the elections before October 1985. It is true that the Registrar, Cooperative Societies has power to extend the time schedule of elections of Cooperative Societies but this power is not absolute. The second proviso to Rule 440(1) of the U.P. Cooperative Societies Rules, 1968 which is relevant for this purpose reads as follows: Provided further that the Registrar may, in special circumstances after recording reasons therefor, allow extension in time schedule of cooperative societies or class or classes of cooperative societies or of cooperative societies of any area or areas but such extension in time schedule shall be subject to the provisions of Section 29 of the Act. A supplementary affidavit has been filed today which indicates that an Administrator has been appointed of the Cooperative Society concerned under Section 29 of the U.P. Cooperative Societies Act. Consequently the power of the Registrar to extend the time schedule was subject to the limitations contained in the second proviso to Rule 440(1). As such the extension in time schedule was subject to the provisions of Section 29 of the Act. Sub -section (6) of Section 29 of the Act, inter alia, contemplates that an Administrator appointed under Sub -section (4) shall, as soon as may be, but not later than the expiry of one year from the date of the appointment arrange for reconstitution of the Committee of Management. The date on which the Administrator was appointed in the instant case has not been stated either in the writ petition or even in the Supplementary Affidavit. As such it is not possible to ascertain as to whether the extension of the time schedule made by the Registrar goes beyond the period contemplated by Sub -section (6) of Section 29 of the Act or not. In these circumstances it is not possible to issue any direction restraining the Respondent from holding election in accordance with the time schedule prescribed by the impugned notice dated 4th April 1985. The writ petition is accordingly dismissed.;


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