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Naresh Kumar Chairman Sahkari Ganna Vikas Samiti Limited v. State Of U.P. Thru' Sachiv Sahakarita And Others - WRIT - C No. 6925 of 2006  RD-AH 7450 (6 April 2006)
Court No. 1
Civil Misc. Writ Petition No. 6925 of 2006
Naresh Kumar . . . Vs. . . . State of U.P. and others.
Civil Mic. Writ Petition No. 18972 of 2006
Naresh Kumar . . . Vs. . . . . State of U.P. and others.
Hon'ble Yatindra Singh,J.
1. There was a Co-operative Society by the name of Sahkari Ganna Vikas Samiti Limited Chandpur district Bijnor. This society was bifurcated into two societies and some villages from this society were taken away and a new Co-operative Society called Sahakari Ganna Vikas Samiti Limited Haldaur district Bijnor (Co-operative Society Haldaur ) was formed. The remaining villages continued to be in the same society which continued to have same name as the Sahakari Ganna Vikas Samiti Limited, Chandpur ( Co-operative Society Chandpur ).
2. In Co-operative Society Haldaur an interim Committee of Management was constituted on 24.2.2004 in which the petitioner was appointed as Chairman and it was his duty to constitute regular Committee of Management and to conduct election within a period of six months but he failed to do so. On 9.1.2006 the Cane Commissioner passed an order appointing the District Cane Officer as Administrator of the Committee of Management to hold elections. The petitioner filed Civil Misc. Writ Petition no. 6925 of 2006 against this order in which interim orders were passed staying holding of the election till the shares are transferred from the Co-operative Society Chandpur to Co-operative Society Haldaur. Fresh order for holding election was passed on 26.3.2006 which has been challenged in Civil Misc. Writ Petition no. 18972 of 2006.
3. We have heard Dr. H.N. Tripathi, counsel for the petitioner, the Standing Counsel for the State officers, Sri Ravindra Singh for the Registrar, Co-operative Societies, and Sri J.P.Pandey for some of the members seeking impleadment in Writ Petition no. 18972 of 2006.
4. The counsel for the petitioner has made three submissions before us:
(1) Entire shares of Co-operative Society Haldaur have not yet been transferred from the Co-operative Society Chandpur and so no election can be held;
(2) The Registrar has not fixed any date for holding elections and as such the election cannot be held.
(3) The members have not given any declaration under Rule 48 of the U.P.Co-operative Societies Rules that they l abide by the rules and regulations and as such the election cannot be held.
5. As regards the first contention of the petitioner, the Registrar has filed a counter affidavit in Writ Petition no. 6925 of 2006 which shows that the certificate has been issued by the Secretary of the Co-operative Society Chandpur, in which it has been mentioned that the entire shares have been transferred from Co-operative Society Chandpur to Co-operative Society Haldaur. In view of this it cannot be said that the shares have not been transferred and election cannot be held.
6. As regards the second contention that under Rule 438 of the U.P.Co-operative Societies Rules , the Registrar has to fix a date for the election, the Registrar has already issued notification on 6.2.2006 fixing date for election and as such there is no illegality in it.
7. So far as the third submission of the counsel for the petitioner is concerned, it is clear from Rule 48 that it is applicable in respect of members the society which is formed for the first time. The Co-operative Society Haldaur has not been formed for the first time but it has been formed by bifurcation from the existing Co-operative Society Chandpur. It is not disputed that there is no material difference between the bye-laws of the erstwhile co-operative society and the present society. The members have already given their declaration in the previous society. Apart from it, it is the duty of the petitioner to obtain such declaration and he cannot take advantage of his own default.
8. In view of this, both the writ petitions have no merit and they are dismissed.
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