THE COOPERATIVE SUGAR CANE DEVFELPMENT SOCIETY & ANR. versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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The Cooperative Sugar Cane Devfelpment Society & Anr. v. State Of U.P. And Others - WRIT - C No. 73544 of 2005 [2005] RD-AH 7052 (6 December 2005)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Civil Misc. W.P. No.  73544 of 2005

Hon'ble Sushil Harkauli, J.

Hon'ble Vikram Nath, J.

We have heard learned counsel for the petitioner and the learned standing counsel.

Issue notice to the opposite parties No. 3 and 4, returnable within six weeks. List after return of notice.

According to the annexure-1 to the writ petition, the result of the election of the Committee of Management was declared on 9.12.2000. Under section 29(2) of the U.P. Cooperative Societies Act, 1965, the term is five years, which means that the term will expire on 8.12.2005 and not before that. Therefore, the order dated 8.11.2005, annexure-5 to this writ petition passed by the respondent No. 4 appears to be incorrect.

Further, under section 29(3) including the proviso, if election has not been completed for any extraordinary circumstance, there is a discretion to extend the tenure of the Committee for three months at a time but not exceeding six months in all. It is also open to appoint an Administrator, if the tenure is not being extended for any valid reason. It is expected that the decision will be taken by the concerned authorities in accordance with the statutory provisions.

Therefore, leaving it open to the authorities to take appropriate decisions at the appropriate time, with facts and reasons to be mentioned in the decisions, we stay the operation of the impugned order dated 8.11.2005.

Dated : December 6, 2005

AM/-

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