MARKANDEY CHAND Vs. CANE COMMISSIONER

JUDGEMENT

(1.) Petitioners, who are members of a co-operative society, known as Dhuriyapar Kisan Sahkari Chini Mills Ltd. Karpur Gajpur, Gorakhpur (hereinafier referred to an the Society) and have been elected as members of its Committee of Management, have filed this writ petition for writ of mandamus directing the respondents to conduct the election of the Vice Chanman of the sociesy in accordance with Co-operative Societies Act and rules framed theunderr (hereinafter referred to as the Act and the Rules respectively). Fuurtr prayer diecung the respondents not to postpone the election of Vice Chanman any more, has also been made.

(2.) Respondents have filed counter-affidavits and the petitioners have filed rejoinder-affidavits in reply thereto. We have heard learned counsel for the petitioners, learned counsel tor respondent Nos. 2, 3 and 4 and the learned Standing Counsel.

(3.) In view of provisions of sub-section (3) of Section 29 of the Act management of a co-operative society vests in its Committee of Management, elected and constituted in accordance with the Act, Rules and the Bye-laws; superintendence, directions, control and conduct of election of the members, Chairman and Vice Chairman of the Committee of Management of those co-operative societies which have been notified under the proviso to sub-section (3) of Section 29 vest in the Registrar, The said proviso is reproduced below :