VISHAL DHAGAT,J. - (1.)Petitioner is Managing Committee of Priyadarshini Housing Cooperative Society Ltd., Jabalpur. Before completion of term, petitioner society made a request to Deputy Registrar to appoint Election Officer on 02/08/2011. Deputy Registrar consider the request of petitioner society appointed Election Officer on 17/11/2011. The Election Officer which was appointed by Deputy registrar could not conduct elections within the stipulated time therefore petitioner society appointed Returning Officer on 27/02/2012 for conducting the elections. Returning Officer appointed by petitioner society conducted elections on 15/04/2012. After conduct of election, Deputy Registrar appointed new Election Officer on 03/05/2012 and later on passed an order on 23/05/12 and took over the charge of the society.
(2.)Petitioner society being aggrieved by order dated 23/05/2012 preferred an appeal against the order of Deputy Registrar. Appeal filed by the petitioner society was dismissed on 17/12/2012. Petitioner society being aggrieved by said order preferred second appeal bearing number 10/13 before M.P. State Cooperative Tribunal, Bhopal. The appeal preferred by the petitioner society was dismissed on 20/01/2017 and direction was given to Registrar Cooperative Societies to conduct election. Deputy Registrar vide its order dated 26/05/2017 appointed Administrator. The grievance of the petitioner is that election of Managing Committee has already been conducted on 15/04/2012 and such committee may be allowed to function and complete its term in accordance with law.
(3.)Respondents have filed its reply and stated therein that order passed by Deputy Registrar dated 23/05/2012 has already been affirmed by Joint Registrar on 17/12/2012 and thereafter in second appeal also Tribunal maintained the order passed by the Joint Registrar and further direction has been given to conduct election. Section 49(8) Co-operative Society Act has been deleted therefore the charge cannot be given to the petitioner as election conducted by Returning Officer appointed by petitioner society on 15/04/2012 has not been approved. Administrator is already in charge of the society and election of society will be conducted in accordance with law by competent authority.