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1982 DIGILAW 460 (MP)

KAMLAKAR CHATURVEDI v. STATE OF M. P.

1982-09-04

M.R.MALLICK, S.S.SHARMA

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M. L. MALIK, J. ( 1 ) SHRI Y. S. Dharmadhikari, for the petitioner, heard. ( 2 ) THE term of the Governing Body of the Society was to expire on 3-7-1982. But the term was extended by the order of the State Government upto 31-8-1982. To that effect a notification was issued under Section 49 (7-A) of the Co-operative Societies Act ( 3 ) BEFORE the expiry of the term petitioner says, all formalities were completed by the out-going Committee for elections of the new Body. But the Registrar, despite letters, failed to appoint the Returning Officer. That on 1-9-1982 the Assistant Registrar, appointed Shri R. B. Sharma to take over charge on the ground that under sub-section (8) of Section 49 the extended term of the Body had already expired and it had become necessary for the Registrar to resume charge of the management. ( 4 ) THE learned Counsel for the Petitioner argued that sub-section (8) of Section 49 had been construed. The present Committee had not failed to conduct elections before the Committee's term expired. In fact, all nesessary steps had been taken. If elections are not held for no fault of the present Committee, the Committee has a right to continue in the management till the new elected Body taken over. ( 5 ) IN our construction of sub-section (8), the extended term granted under sub-section (7aa) having expired the members of the Committee, whether they had taken steps to ward electing a new Body or not would be deemed to have vacated their seats. The Registrar's power to assume charge is automatic unless the new elected Body actually comes into being. ( 6 ) THAT being our interpretation of the sub-section (8), the old Committee will have no right to claim continuance in the management. The petition is accordingly dismissed summarily. Petition dismissed. .