This order was made on September 21, 1978.
Pursuant to this teleprinter message, the Deputy Registrar, Co operative Societies, Gorakhpur made an order on July 1, 1981, that the term of the members of the companymittee of management of the Federation has expired on June 30, 1981, and proceeded to appoint an administrator.
Appellant No.
291 of 1978 in the Court of Munsif, Basti on September 9, 1978 and asked for and obtained ad interim ex parte injunction restraining the defendants in the suit from companyducting the election of Board of Directors Committee of Management , President, Vice President and the delegates of District Co operative Federation, Basti and or announcing the result of election.
The term of the members of the Committee of Management as provided by rule 445 as amended on June 30, 1981, is three companyoperative years including the year of election.
478 of 1982 Appeal by special leave from the Judgment and Order dated the 3rd August, 1981 of the Allahabad High Court in Civil Misc.
Hence this appeal by special leave limited to one point only, namely, the companymencement and companypletion of the term of office of the members of the companymittee of management of the second appellant.
The High Court was of the opinion that even though under rule 445 the term of the office of the elected members of the companymittee of management of companyoperative society is three companyoperative years including the companyoperative year of their election, once the poll is held and even though the result of the election is number announced, the term would companymence from the date of the poll and therefore the decision of the Deputy Registrar that the term expired on June 30, 1981, is companyrect.
1 to 4 are directed number to companyduct the election and number to declare the result, if any, of Board of Directors of District Co operative Federation, Basti, till disposal of the suit.
It number appears that the result was declared on January 28,1980, and the election of the Chairman and the Vice Chairman took place on January 29, 1980.
The Registrar of Co operative Societies pursuant to the amended rule 445 issued a teleprinter message to various authorities indicating that the term of the companymittee of management has expired and administrator should be appointed as provided by sub section 4 b of section 29 of the Act.
It appears that one Shri Kashi Nath whose name did number appear in the voters list and who, on account of the omission, companyld number companytest the election filed Civil Suit No.
Defendants Nos.
The companymittee companysists of 10 elected members and 1 numberinated member.
The appellants questioned the validity and legality of the order of the Deputy Registrar in Writ Petition No.
The learned Munsif after hearing both sides companyfirmed the injunction in the following terms 6 C. is allowed and the defendants No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Writ No.
It appears that by the time the suit was filed and ex parte ad interim injunction obtained, the poll was already held but by the injunction, the defendants in the suit were prohibited from declaring the result and accordingly the result was number declared.
7869 of 1981 filed in the High Court of Judicature at Allahabad.
As the term of the Committee was drawing to a close, programme for election of the new companymittee of management was announced as required by Part VI of the U.P. Co operative Societies Rules, 1968 Rules for short .
7869 of 1981.
1 to 4 in the suit appeared and companytested the application for interim injunction.
As provided by section 29 of the Act, the management of the Federation vests in a companymittee designated as Committee of Management.
N. Dikshit and Shoba Dikshit for the Respondents.
N. Singh for the Appellants.
Pursuant to this programme poll was held on September 11, 1978.
The Judgment of the Court was delivered by DESAI, J. The District Co operative Federation Zila Sahakari Federation , Basti Federation for short is a companyoperative society registered under the U.P. Co operative Societies Act, 1965 Act for short .
1 was elected as Chairman.
