D. P. S. CBAUHAN, J. ( 1 ) THIS petition is directed against the order dated 23. 5. 1997 (Annexure-P-12) passed by the Joint Registrar. Co-operative Societies Sagar division Sagar whereby he, in exercise of his powers under Section 49 (8) of the madhya Pradesh Co-operative Societies Act, 1960 (hereinafter referred to as the act) appointed the Assistant Registrar Co-operative Societies (Administration)chhatarpur as Administrator of the Nagarik Sahkari Bank Limited, Chhatarpur in place of its Committee of Management. ( 2 ) THIS Court on 2. 6. 1997 admitted the writ petition and directed for issuance of notice on interim relief. The service of the notices on all the respondents except respondents No. 3 and 4 is effected. So far as the respondent No. 3 is concerned, he is impleaded by name, what is the reason for impleading the respondent No. 3 by name is not disclosed in the petition. Against the respondent No. 3 the allegation is that for conduct of the election, so far as the expenses are concerned, an amount of rs. one lac has been demanded by him. Learned Counsel for the petitioner submits that this amount is exhorbitant for the purpose of holding election for the membership of the committee of the Management. He states that he does not want to press the present writ petition and wants to withdraw his allegation. He is permuted to do so. The respondent No. 3 is the Assistant Registrar, Co-operative Societies Chhatarpur. He is an official party and the State can represent him. Thus, the respondents No. 1, 2 and 4 are represented by State Government. ( 3 ) LEARNED Counsel confining himself to the circumscribed limit regarding the order dated 23. 5. 1997 (Annexure P-12) appointing the Administrator in place of the committee of Management of Nagarik Sahkari Bank Limited, Chhatarpur, submitted that this order is without jurisdiction and deserves to be quashed. In this context the learned Counsel submitted that the order has been passed under Section 49 (8) of the Act and the same cannot exist under the law and the submission is that the term of the Committee of Management is provided under sub-section (7-A) of section 49 of the Act, to be five years. Apart from this, the Bye-law No. 28 (8) of the nagarik Sahkari Bank Marvadit. Apart from this, the Bye-law No. 28 (8) of the nagarik Sahkari Bank Marvadit. Chhatarpur, which is as extracted below : ( 4 ) THE learned Counsel submits that the words "ek Padawadhi" means one term, and this one term is for the first Committee of Management constituted after the registration of the Society. He submitted that the society was registered vide order dated 1. 9. 1995 on 4. 9. 1995, the Joint Registrar, Co-operative Societies Sagar issued a certificate of registration of the Bank Communicating the registration number, wherein it was mentioned that Pravartak and the Founder Members of the Committee of the Management were nominated till the election. Thereafter vide the impugned order dated 14. 9. 1995 (Annexure-P-4) was passed, annulling the order dated 4. 9. 1995 and limiting the life of the committee of the Management for a period of one year, and since, on expiry of the period of one year, the Committee of the Management would have ceased to function, a Resolution was passed on 14. 8. 19% regarding extension of the tenure of the Founder Managing Committee, in line with the bye-laws for providing a term of five years. Since this writ petition involves the question of law for determination, it is proposed to be disposed of finally, with the consent of the learned Counsel for the parties. Sub-section (2) of Section 48 of the Act states that "subject to sub-section (1), the management of every society shall vest in a committee constituted in accordance with this Act or rules made thereunder or, Bye-laws of the society and it shall exercise such powers and perform such duties as may be conferred or imposed respectively by the Act or rules made thereunder or Bye-laws of the society. " ( 5 ) THE question for consideration is which committee should be described as the Committee of Management so to be entitled to manage the affairs of the society. Such Committee of Management is to be constituted either in accordance with the Act or in accordance with the Rules framed under the Act or in accordance with the Bye-laws of the society. As per the Bye-laws of the Society, in the present case, the term is five years from the date of the election in the annual general meeting or in the special meeting. As per the Bye-laws of the Society, in the present case, the term is five years from the date of the election in the annual general meeting or in the special meeting. So far as reduction in the term of the committee of the management, for the purpose of Bye-law 28 (7) of the Bye-laws of the Bank is concerned, the same is ineffective being in contravention of the provisions of Section 48 (2) of the Act where the term of the committee of the management is provided for five years from the date when the first meeting of the committee is held. Learned State Counsel submitted : (1) Firstly, that the petitioner has got an alternative speedy and efficacious remedy by way of an appeal to the State Government under Section 77 (1) (b)of the Act ; (2) Secondly, in the Bye-law No. 28 (8) referred to above, the word used is "ek Padavidhi" 2 whereas in clause (7) of the said Bye-law, the word used are under Rule 34 of the 1962 Rules. (3) Thirdly the first signatory to the application for registration of a society shall convene it. s first annual general meeting for election of members of its committee and representatives, if any, and if he fails to do so, such meeting shall be convened by any person authorised in this behalf by the Registrar. There is a proviso to the said Rule 34 which says that nothing contained in this sub-rule shall apply to the society where there is a provision for the nomination of the committee by the Registrar for a period specified in the Bye-laws of such society. Learned Counsel submitted that the Registrar passed the order dated 4. 9. 1995 till the election is held. ( 6 ) IN view of the provisions of Section 48 (2) of the Act the committee of management constituted according to Bye-laws is also the committee of management to whom the management is legally entrusted and as such, the term of such committee of management will be five years as per the requirement of clause (7) of Bye- law 28 and sub-section (7-A) (i) of Section 49 of the Act and such five years' period has to be counted from the date of the first meeting of the society. The order dated 4. 9. The order dated 4. 9. 1995 whereby the Founder Management Committee was nominated for the period till the elections are held, cannot be treated under the law, to be nominated for a definite period. Such a nomination has to be conterminous with the term of the committee of the management provided under Section 49 of the Act or the Bye-laws of the society. The order dated 14. 9. 1995 whereby the term of the first committee of management was limited to one year was ineffective order as the order dated 4,9. 1995 was neither withdrawn nor cancelled. Apart from this, the Registrar has no jurisdiction to limit the term of the first committee of management to one year when the same has to be conterminous with the term of the management-committee provided under the Act or Rules framed thereunder or the Bye-laws, as the case may be. ( 7 ) SO far as the submission of the learned State Counsel regarding the alternative remedy under Section 77 is concerned, this Court finds that in the facts and circumstances of the case it will be a futile exercise and the matter will be unnecessarily kept pending before the State Government and by which time, the term of the committee of the management would expire ; and as such, the remedy by way of appeal is not a speedy and efficacious remedy qua the facts of the present case. ( 8 ) IN view of the above, the petition succeeds and is allowed The impugned order dated 14. 9. 1995 (Annexure P-12) a quashed The committee of the management of the Bank is restored and the elections are directed to he held in accordance with law. In the facts and circumstances of the case, no order as to costs. After the order was dictated, the learned State Counsel submitted that there are allegations of numerous irregularities against the committee of management and as such, it may be liable for proceeding against the committee of the management. The supersession has not been passed on the basis of an irregularity or illegality. It has been passed under Section 49 (8) of the Act which does not relate to any irregularity, this decision is consfined only to the extent of impugned order of supersession, passed in exercise of power under sub-section (8) of Section 49 of the Act. The supersession has not been passed on the basis of an irregularity or illegality. It has been passed under Section 49 (8) of the Act which does not relate to any irregularity, this decision is consfined only to the extent of impugned order of supersession, passed in exercise of power under sub-section (8) of Section 49 of the Act. The submission of the learned State Counsel is irrelevant and is not attracted in the facts and circumstances of the case. Petition allowed. .