Hon'ble Ravi Nath Tilhari,J.
Petitioners' counsel relied upon an order dated 22.06.2021 passed in W.P. No. 12469 (MB) of 2021 and seeks similar relief. The said order reads as under:-
"Heard.
After hearing learned counsel for the parties and perusing the record what transpires is that the term of the petitioner committee of management was to come to an end on 12.5.2021 and a requisition for holding fresh election was sent by the Secretary of the society on 23.2.2021 though it should have been sent on 23.1.2021 as per Rule 4 read with Section 29 UP Cooperative Societies Act, 1965. As per Article 243 ZK of the Constitution of India, the election of a board shall be conducted before the expiry of the term of the board so as to ensure that the newly elected members of the board assume office immediately on the expiry of the term of the office of members of the outgoing board. It is the State Election Commission which has been bestowed with the responsibility to conduct such election.
Sri Garuav Mehrotra, learned counsel appearing for the Commission says that firstly the requisition for election was sent belatedly on 23.2.2021, secondly on account of COVID-19 no election was notified, however, he says that the commission would hold the election of the board of the petitioner society within three months. He says that whether any interim committee has been appointed or not is a matter to be apprised by the State counsel.
Learned counsel for the petitioner says that the petitioner is continuing to manage the society and no interim committee has been appointed by the State to which the learned Additional C.S.C. stated that the matter can be disposed of considering the statement of the counsel for the petitioner subject to its veracity, in view of Annexure-4 to the petition.
In view of the precedents cited by the petitioner a copy of which is annexed as Annexure-4, it is provided that if any interim committee has not been constituted then the same shall not be constituted and the present dispensation for managing the cooperative society shall continue till elections are held which shall be held by the commission within the next three months as stated by its counsel, as there cannot be a vacuum so far as the management of the society is concerned. However, subject to the condition that the present dispensation shall not take any policy or financial decision nor shall induct any new member.
The petition is disposed of in the aforesaid terms."
Sri Gaurav Mehrotra as also Sri Sunil Kumar Singh, learned counsel for opposite party nos. 4 & 5 as also Sri H.P. Srivastava, learned Additional Chief Standing Counsel agree that the matter is similar to the aforesaid writ petition except on one issue i.e. the elections to the Management Committee of the Co-operative Society i.e. the petitioner has already been notified and the same shall be held by 28th September, 2021. The tenure of the petitioners' Committee of Management is to expire on 10th September, 2021. We take note of this fact but as this is not material and the matter is otherwise covered by the said order, therefore, we dispose of this writ petition in terms of the final order dated 22.06.2021, quoted hereinabove.
Order Date :- 19.8.2021 Nitesh