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1983 DIGILAW 128 (MP)

BOARD OF DIRECTORS OF JILA THOK UPBHOKTA SAHAKARI BHANDAR maryadit v. ASSTT. REGISTRAR CO-OPERATIVE SOCIETY DISTT, JHABUA

1983-04-19

G.G.SOHANI, R.K.VIJAYWARGIYA

body1983
VIJAJVARGIYA, J. ( 1 ) BY this petition under Arts. 226 and 227 of the Constitution the petitioners have assailed the order (Annexure X) No. Vidhi/29/5/82 jhabua dated 1-9-1982 passed by the Assistant Registrar Co-operative Societies, jhabua respondent No. 1 by which he took over charge of Jila Thok Upbhokta sahkari Bhandar Maryadit, Jhabua (hereinafter referred to as 'the society')and appointed an officer-in-charge to manage the affairs of the society. ( 2 ) THE facts giving rise to this petition briefly stated are as follows : The petitioner No. 1 is the governing body and the other petitioners were the members of that body of the society. The term of the governing body of (he society was extended up to 31-8-1982 by the Government by a notification issued in exercise of powers vested in the Government under Section 49 (7 A A)of the M. P. Co-operative Societies Act (hereinafter referred to as 'the Act' ). As the outgoing committee of the Society failed to conduct the elections of the incoming committee prior to the expiration of the extended period, that is, by 31-8-1982 the members of the committee vacated their seats under Section 49 (8)of the Act and the respondent No. 1 assumed charge of the society by passing the impugned order. The petitioners have assailed the said order on the ground that the petitioners took all the necessary steps for holding of the elections of the in-coming committee before 31-8-1982 but as the Registrar failed to appoint the Returning Officer the sections could not be held. In the circumstances, according to the learned counsel for the petitioners, it cannot be said that the committee failed to hold elections of the in-coming commit-tee and therefore, the provisions of Section 49 (8) of the Act are not attracted and the respondent No. 1 acted illegally in holding that the petitioners ceased to hold their office from 1-9-1982 and to assume charge of the management of the Society. In the return the respondent have supported the order passed by the respondent No. 1. ( 3 ) HAVING heard the learned counsel for the parties we have come to the conclusion that this petition deserves to be dismissed. In the return the respondent have supported the order passed by the respondent No. 1. ( 3 ) HAVING heard the learned counsel for the parties we have come to the conclusion that this petition deserves to be dismissed. ( 4 ) ON similar facts a Division Bench of this Court in Kamlakar chaturvedi v. The State of M. P. and others [m. P. No. 1129 of 1982, decided on 4-9-1982] held as follows :"in our construction of sub-section (8) the extended term granted under sub-section (7-AA) having expired the members of the Committee, whether they had taken steps towards 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. " ( 5 ) IN the present case also it is not in dispute that elections of the incoming Committee were not held before the expiry of the extended term of the committee under Section 49 (7-AA) of the Act. In the circumstacces, following the aforesaid decision of this court, even if it is assumed that the out-going committee bad taken steps to hold elections of the in-coming Committee but elections having not been held by the extended date, the out-going Committee and members thereof deemed to have vacated their seats on the expiry of the extended period and the respondent No. 1 had to assume charge of the society till the next elections are held and the new Committee takes over charge. The order passed by the respondent No. 1 therefore, does not suffer from any infirmity and there is no ground to quash the same. ( 6 ) THE learned counsel for the petitioners also contended that although sufficient time has elapsed steps have not been taken by the respondents to hold elections of the in-coming Committee and, therefore, they should be directed to hoid the elections immediately. ( 7 ) THE learned Deputy Government advocate appearing for the respondents submitted that elections to the primary societies have been held and the process of holding elections of the other societies has also commenced and the elections of the committee of the petitioners' society will also be held soon. ( 7 ) THE learned Deputy Government advocate appearing for the respondents submitted that elections to the primary societies have been held and the process of holding elections of the other societies has also commenced and the elections of the committee of the petitioners' society will also be held soon. As the learned counsel for the petitioners was unable to point out any provision in the act which required the respondents after assuming charge under section 49 (8) of the Act to hold election within a stated period it is not possible for us to issue any direction to the respondents to hold elections of the petitioners society within any specified time. However, we hope that the respon-dents will proceed to hold the election of the petitioner society within a reasonable time. It would be in the interest of the co-operative movement if management of the Society is entrusted to the elected representatives of the members of the society and its management is not carried on by nominated persons for indefinite period. ( 8 ) AS a result of the discussion aforesaid this petition fails and is dismissed. In the circumstances the parties shall bear their own costs of this petition. The outstanding amount of security deposit, if any, be refunded to the petitioners after verification, petition dismissed. .