Allahabad High Court
Balendra Pratap Singh And Another vs State Of U.P. Through Principal ... on 23 January, 2023
Bench: Sangeeta Chandra, Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 2
Case :- WRIT - C No. - 489 of 2023
Petitioner :- Balendra Pratap Singh And Another
Respondent :- State Of U.P. Through Principal Secretary, Department Of Cooperative, Lucknow And 3 Others
Counsel for Petitioner :- O.P. Tiwari
Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sangeeta Chandra,J.
Hon'ble Manish Kumar,J.
(1) Heard the learned counsel for the parties and perused the record.
(2) Although only individual members of the Society have approached this Court and not the Society through its Committee of Management, the prayer made in this writ petition is innocuous in nature which is quoted hereinbelow:-
"(i) Issue a writ, order or direction in the nature of Mandamus thereby commanding and directing to the opposite party no.3 to hold the elections of the board of directors of Sadhan Sahkari Samiti Limited, Nawabganj, Vikas Khand, Nawabganj, Unnao, within the time frame as stipulated by this Hon'ble Court.
(ii) Issue a writ order or direction in the nature of mandamus thereby commanding and directing to the opposite parties especially the opposite party no.2 not to appoint any administrator/administrative committee in Sadhan Sahkari Samiti Limited, Nawabganj, Vikas Khand, Nawabganj, Unnao, w.e.f. 15.02.2023 and allow the present committee of management to continue as interim committee till valid election of the committee of management are held by the opposite party no3."
(3) It has been submitted on the basis of an order passed by a Co-ordinate Bench of this Court in Writ-C No.7572 of 2022 [Rachna Vajpayee and Others Vs. State of U.P. and others through Principal Secretary, Department of Cooperative Civil Sectt, U.P. Lucknow], that the controversy is already decided in a similar matter i.e. in Writ-C No.7309 of 2022 decided on 18.10.2022.
(4) Shri Gaurav Mehrotra, who appears on behalf of the U.P. State Cooperative Societies Election Commission, on the basis of instructions, says that when the earlier matter was disposed of it was proposed to hold election within a period of four months in that case. However, the case of the petitioner is a little bit different as the data is being collected from the various Primary Cooperative Societies and it is proposed to declare the schedule for Election within a period of four weeks.
(5) The order passed by the Division Bench of this Court on 18.10.2022 reads as under:-
"Heard learned counsel for the petitioners, learned State Counsel, Shri Gaurav Mehrotra, learned counsel representing U. P. State Co-operative Societies Election Commission and Shri Sudhanshu Chauhan, learned counsel representing respondent nos. 4 & 5.
The prayer made in this writ petition is that an appropriate direction be issued to the respondents to hold the election of Committee of Management of Kisan Sahkari Chini Mills Ltd., Najibabad, Bijnor.
It has been stated that the term of the Committee of Management of the said Co-operative Bank is going to expire on 06.11.2022. However, no notification for holding the election of new Committee of Management has yet been published. The submission is that despite a requisition having been sent for holding the election, the election process has yet not been initiated.
Shri Gaurav Mehrotra, learned counsel representing U.P. Co-operative Societies Election Commission, on the basis of instructions has submitted that on account of the present pandemic caused by COVID-19, the process of election could not be initiated, however, the same shall be initiated and concluded within four months.
In view of the aforesaid, the prayer no.1 made in the writ petition is granted in the terms of the statement made by learned counsel representing the Co-operative Societies Election Commission.
So far as the other prayer made in the writ petition that the opposite parties may be directed not to appoint any administrator and to allow the present Committee of Management to continue as interim committee after expiry of its term on 04.08.2021 is concerned, our attention has been drawn to an order dated 22.06.2021 passed by this Court in Writ Petition No.12469 (MB) of 2021 where it has been provided that if any interim committee has not been constituted, then the same shall not be constituted and the present committee shall continue till elections are held.
Accordingly, in this case as well, we provide that if interim committee has not been constituted, then the same shall not be constituted and the present Committee of Management shall continue to manage the affairs of the Kisan Sahkari Chini Mills Ltd. Najibabad, Bijnor till elections are held.
However, it is further directed that the present Committee of Management shall continue till elections are held with the condition that it shall not take any policy or any financial decision nor shall it induct any new member.
With the aforesaid observations and directions, writ petition is finally disposed of."
(6) The writ petition is finally disposed of giving the benefit of the judgment of the Division Bench to the petitioner as well.
(7) Let a decision be taken expeditiously in the matter by the Competent Authority.
Order Date :- 23.1.2023
N.PAL
