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Allahabad High Court · body

2011 DIGILAW 1705 (ALL)

Naseer v. Union of India and Others

2011-07-15

PANKAJ MITHAL, SUNIL AMBWANI

body2011
By The Court—We have heard Shri H.R. Misra, Senior Advocate assisted by Shri Narayan Das for the petitioner. Shri K.N. Mishra appears for Northern Railway Primary Cooperative Bank Ltd-respondent no.3. The office of Assistant Solicitor General of India, High Court, Allahabad has accepted notice on behalf of respondent nos. 1 and 2. 2. By this writ petition the petitioner, a member of the Northern Railway Primary Cooperative Bank Ltd, has prayed for directions to the Central Registrar, Multi State Cooperative Societies to himself conduct the election of the Board of Directors, Chairman and Vice Chairman of the Northern Railway Primary Cooperative Bank Ltd, 19-A, Vidhan Sabha Marg, Lucknow. 3. The petitioner has filed a supplementary affidavit annexing therewith an order passed by the Joint Secretary to the Government of India & Central Registrar, of Cooperative Societies dated 6.6.2011. From this order we find that the Northern Railway Primary Cooperative Bank Ltd. was registered under the provisions of the Multi State Cooperative Societies Act, 2002 (the Act) for the first time on 26.5.2010. Prior to its registration, the Cooperative Society was registered under U.P. Cooperative Societies Act, 1963. The term of the Board of Directors of the society registered under the U.P. Cooperative Societies Act was still left to be completed, but that since five of the Directors earned disqualification, which was upheld by the Lucknow Bench of this High Court in Writ Petition No. 5914 (M/B) of 2010, it was found that since the society has not held elections within six months of the registration as Multi State Cooperative Society, an Interim Board has to be elected in the general meeting of the society within six months of the registration of the society. 4. The cooperative society has failed to elect the interim board. The Central Registrar, Cooperative Societies has thus issued directions in exercise of his powers under Section 45 (6) of the Act to hold elections of the board. He has appointed the Chief Personnel Officer, Northern Railway, Baroda House, New Delhi as the Returning Officer for conducting the elections. Rule 19 of the Multi State Cooperative Societies Rules, 2002 provides for the procedure for conduct of elections. The proviso to Sub-rule (1) of Rule 19 authorises the Central Registrar to appoint the Returning Officer to conduct the elections. 5. Rule 19 of the Multi State Cooperative Societies Rules, 2002 provides for the procedure for conduct of elections. The proviso to Sub-rule (1) of Rule 19 authorises the Central Registrar to appoint the Returning Officer to conduct the elections. 5. It is submitted by Shri H.R. Misra that the Chief Personnel Officer is a member of the cooperative society. Section 45 (6) of the Act authorises the Central Registrar of Cooperative Societies to issue directions to hold the elections. The Court may thus either direct the Central Registrar to hold the elections himself or to direct him to appoint a person, who is not a member of the cooperative societies to be the Returning Officer. 6. The cooperative society has been directed by the Central Registrar under Section 45 (6) of the Act to hold first general meeting, to elect the interim board of directors. The proviso to sub-rule (1) of Rule 19 authorises the Central Registrar to appoint any person as Returning Officer. The member of the society is not disqualified, nor any allegation of bias or malice has been made against the Returning Officer, who may be member of the cooperative society to function as Returning Officer. 7. We do not find that there is any legal bar in appointment of Chief Personnel Officer, Norther Railways even if he is a member of the society as the Returning Officer nor there are any allegations against him to disqualify him to conduct the elections. 8. The writ petition is dismissed. _____________