SURESH KUMAR MITTAL Vs. STATE OF U P

JUDGEMENT

(1.) By these proceedings under Article 226 of the Constitution of India, the petitioners have approached this Court seeking a writ of certiorari to quash the order dated 21.11.2014 passed by the District Magistrate/District Cooperative Election Officer, Hardoi notifying the election of the members, Chairman and Vice Chairman of various primary Cooperative Societies, including the Primary Cooperative Society by the name of Audyogik Aasthan Sahkari Samiti Limited, Nagheta, Hardoi and appointing Election Officer. Challenge has also been made to the election programme declared by the so appointed election officer. A mandamus has also been sought to command the opposite parties not to disturb the peaceful functioning of petitioners no. 2 and 3 as Chairman and Vice Chairman of the society before completion of the full term of five years.

(2.) Factual matrix of the case, as set out in the pleadings by the petitioners in brief, relevant for the purposes of the case are as under :

(3.) Learned counsel for the petitioners submits that in view of the provisions of Article 243-ZJ, introduced by the Constitution by Ninety-seventh Amendment Act, 2011, which came into force with effect from 15.02.2012, the term of office of the elected office bearers is five years from the date of election and thus, the term of the petitioner no. 2 elected as Chairman and petitioner no. 3 as Vice Chairman on 27.08.2014 shall be five years and they are entitled to continue till 26.08.2019. The provisions of Article 243-ZJ is reproduced herein :