JUDGEMENT
A.N.Varma, J. -
(1.) The controversy sought to be raised in this group of
petitions is squarely covered by a Division Bench decision of this Court which
is directly on the point [Shiv Mangal Singh v. Registrar, Co-operative Societies,
V. P., 1982 UPLBEC 46 : 1981 AH LI 1297]. The question involved is
whether while allowing the extension of the time schedule fixed for the election
of the Committee of Management of a notified Society, it is competent to the
Registrar of the Co-operative Societies to extend the dates of even those processes
of election which have already been completed. Analysing the entire
scheme of the U. P. Co-operative Societies Act and the Rules framed thereunder
governing the election of such notified Societies in considerable depth the Division
Bench answered this question in the affirmative. As the point involved in
these petitions is identical, they are being disposed of by a common judgment.
(2.) We will first have a brief look at the scheme of the election. The
general body for the election of the Committee of Management of a notified
Society consists of delegates who are themselves elected by the primary members
of the Society in accordance with the rules set out in Part IV of the Rules
framed under the Act. After the election of the delegates who constitute the
electorate, the Committee of Management is elected in accordance with the
Rules appearing in Part IV.
(3.) Under Rule 439 (i) the superintendence, direction and control for
organising these elections vests in the Registrar and under sub-rule (2) of Rule
439, the Registrar fixes the date or dates for the election in such Co-operative
Societies and requires the District Magistrate concerned to appoint an Election
Officer for conducting these elections. The latter then notifies the time schedule
for the election. Under the second proviso to Rule 440 the Registrar has power
to allow extension of the time schedule in special circumstances to be recorded in writing.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.