Court No. - 29
Case :- WRIT - C No. - 37931 of 2019 Petitioner :- Maham Pal Singh Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Nripendra Mishra Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Nripendra Mishra, learned counsel for the petitioner, learned Standing counsel for respondent no. 1 and Sri S.K. Mishra for respondents no. 2 and 3.
This writ petition raises a dispute regarding membership of the members of Akshaypuram Sahkari Awas Samiti Limited, Meeurt.
Sri Nripendra Mishra, learned counsel for the petitioner contends that there are only 108 plots in the Society and as such the membership can not exceed the said number whereas the office bearers of the society have illegally enrolled more members to the extent of 197. Accordingly, the petitioner wants that issue of membership of the Society be decided in respect whereof he had submitted Representation dated 20.12.2015 to the Housing Commissioner/Registrar, Co-operative Societies.
Sri Jagdev Singh, learned counsel appearing for respondent 9 submits that the dispute regarding membership can not be decided at this juncture as the election programme has already been announced.
We find that the election programme for all the Co-operative societies was announced on 7.8.2019 and according to the said programme the voting was to be held on 12.8.2019, if necessary. However, before the aforesaid election programme could be implemented, the elections were postponed.
Sri Nripendra Mishra submits that in pursuance of the above declared election programme till the postponement of the election even the process of nomination had not started.
Sri Narendra Kumar Giri, learned counsel appearing for respondent no. 4/U.P. State Co-operative Societies Election Commission submits that pursuant to the election programme announced on 7.8.2019 the process could not be initiated and a fresh election programme is to be announced.
In view of the aforesaid facts and circumstances, we find that at present there are no elections in process and that a fresh election programme has to be announced for the purposes of election.
Section 27 of the U.P. Co-operative Societies Act, 1965 provides for removal or expulsion of a member by the Society or by the Registrar. The Registrar is empowered to remove or expel a member of the Co-operative Society inter alia if the person was admitted to the membership of the society in contravention of the provisions of this Act, the Rules or bye- laws of the society.
In view of the aforesaid facts and circumstances, we dispose of the writ petition with a direction to the Housing Commissioner/Registrar, Co-operative Societies or the Additional Housing Commissioner/Additional Registrar of the Societies, as the case may be, to consider the grievance of the petitioner after due opportunity of hearing to all parties concerned with regard to membership of the aforesaid Society in accordance with law most expeditiously preferably within a period of six weeks from the date a copy of this order along with a fresh representation in that regard is submitted. The petitioner is directed to submit a copy of this order alongwith his representation within a period of two weeks from today.
Order Date :- 28.11.2019 SKS