Court No. - 21
Case :- WRIT - C No. - 24851 of 2018 Petitioner :- Nsg S.A.S Ltd. And 2 Others Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Udai Chandani Counsel for Respondent :- C.S.C.,Amit Kumar Singh
Hon'ble Govind Mathur,J. Hon'ble Chandra Dhari Singh,J.
This petition for writ is preferred to question correctness of the order dated 9th of April, 2018 passed by the Additional Commissioner / Additional Registrar Co-operative Societies appointing an interim Management Committee for NSG Housing Co-operative Society Limited.
It is stated by learned counsel appearing on behalf of petitioners that the order impugned is bad in view of the fact that the respondents have superseded a validly elected Committee and appointed a Committee to administer and manage the petitioners' Co-operative Society and that adversely effects democratic setup and autonomy of the Co-operative Society as ensured under Chapter 9-B of the Constitution of India.
We do not find any merit in the argument advanced.
It is a fact admitted that the petitioners' Management Committee has already completed its term in the month of April, 2018 and only after that the respondent- Additional Registrar passed the order dated 9th of April, 2018.
Suffice to mention that certain amendments in the Co-operative Societies Act, 1965 were introduced by the Uttar Pradesh Co-operative Societies (Amendment) Act, 2017. As per Section 4-A, 4-B, 4-C, 4-D of the Amendment Act, a Sub-section (4) has been introduced in Section 29 of the Principles Act, 1965. The amendments so introduced reads as follows:-
"(4-A) Due to any reason, whatsoever, if members of the Management Committee are not elected or could not get elected before expiry of its tenure then the Management Committee shall cease to exist after expiry of its term notwithstanding anything to the contrary in any other provision of this Act, or the rules made thereunder or the bye-laws of the Society.
(4-B) After the Management Committee ceases to exist under sub-section (4-A) an interim Management Committee shall as soon as possible be appointed by the Registrar for the Management of the Co-operative Society. In accordance with the provisions of this Act, the rules and the bye-laws of the society. The Registrar shall have power to change the members of the interim Management Committee or appoint a new interim Management Committee in place thereof.
(4-C) The interim Management Committee appointed under sub-section (4-B) shall exercise the powers and perform the functions of the Management Committee under this Act subject to the directions given by the Registrar from time to time.
(4-D) The interim Committee appointed under sub-section (4-B) shall cease to exist after the expiry of six months from the date of its appointment or reconstitution of the Management Committee after election thereof whichever is earlier."
In light of Section 4-A of the Amendment Act if members of the Management Committee are not elected or could not get elected before expiry of its tenure then the Management Committee shall cease to exist after expiry of its term notwithstanding anything to the contrary in any other provision. In light of the provision aforesaid, the petitioner committee seized its existence after completion of the term prescribed. The writ petition, hence is dismissed. However, it is desirable that the respondents shall conduct elections of the society within the period prescribed by the statute.
Order Date :- 26.7.2018 Rameez .
(Chandra Dhari Singh,J.) (Govind Mathur,J.)