Balveer Singh vs State of U.P. and Others

Vijay Manohar Sahai and Yogesh Chandra Gupta, JJ.—In this writ petition the petitioner has challenged the holding of elections of District Co-operative Bank Ltd, Mainpuri 135 Shram Samvida Vetanbhogi Co-operative Societies which have been newly enrolled and registered including those mentioned in the order dated 14.11.2009, passed by District Magistrate.

The election of every co-operative society in Uttar Pradesh were notified on 16.2.2009 by the Registrar and the date of election were fixed on 29.7.2009 and 30.7.2009. The elections were postponed again the Registrar fixed date of election as 5.10.2009 and 6.10.2009. The elections were postponed for the third time and Registrar issued notification on 11.11.2009 for holding of elections of primary level co-operative societies and 1.12.2009 and 2.12.2009 was fixed for holding the election of members of the committee of management and Chairman and Vice Chairman etc. respectively. The Additional Chief Standing Counsel Sri Neeraj Upadhyay has filed a counter-affidavit duly sworn by Sri Subhash Chandra District Assistant Registrar Co-operative Societies, Mainpuri. It has been stated that the District Magistrate, Mainpuri was appointed as Administrator of District Co-operative Bank Limited, Mainpuri. By another order District Assistant Registrar, Mainpuri has been appointed as Chairman, was also changed and District Assistant Registrar, Etah was appointed as Chairman of the Administrative Committee and took charge on 8.10.2009. This arrangement was also changed by an order dated 5.12.2009, passed by Joint Registrar Co-operative Societies, U.P., Agra, Region Agra. In view of order dated 9.11.2009, passed by Lucknow Bench in Civil Misc. Writ Petition No. 9830 (MB) of 2009, Brqjendra Kumar Singh v. State of U.P. and Ors. and a further direction was issued by the Registrar Co-operative Societies on 23.11.2009 by which the District Magistrate, Mainpuri was appointed to manage the affairs of the society till the election of the co-operative societies of the management of the bank, he was to be assisted by District Assistant Registrar, Mainpuri.

We have heard Sri H.R. Misra learned senior counsel assisted by Sri K.M. Misra for the petitioner. Sri V.K. Singh Additional Advocate General assisted by Sri Neeraj Upadhyay Additional Chief Standing Counsel for respondents No. 1 to 4 and Sri K.N. Misra for respondent Nos. 5 and 6.

Learned Counsel for petitioner has urged that once Registrar, U.P. Co-operative Societies notified the election of co-operative societies in the entire Uttar Pradesh it is not open to the Joint Registrar, Co-operative Societies or any other authority to register new co-operative society and thereby change, alter or modify and disturb the electoral college. Learned Counsel for petitioner has further urged that if it is permissible for the Joint Registrar to register new societies then it will affect the democratic pattern of the society and would severely affect the electoral college. On the other hand Sri V.K. Singh Additional Advocate General has urged that there is no bar under the U.P. Co-operative Societies Act or Rules that the Joint Registrar or any other authority could not register the new co-operative societies while the election process is going on. The argument of Sri V.K. Singh is supported by Sri K.N. Misra learned Counsel appearing for respondents No. 5 and 6.

The short question that arises for consideration in this writ petition is whether where election process has started the Registrar or Joint Registrar Co-operative Societies or any other authority subordinate to him would be entitled to register a new co-operative society and what would be its effect?

The facts are not disputed that the Registrar, U.P. Co-operative Societies has issued notification for holding the election of all co-operative societies in the State of Uttar Pradesh by notification dated 16.2.2009. The date fixed by him were postponed and another notification was issued on 1.6.2009. By the resolution passed by Administrative Committee of District Co-operative Bank Ltd., Mainpuri on 28.10.2009, 129 societies were enrolled as new members and these 129 new Co-operative Societies were registered by Joint Registrar Co-operative Societies, Agra. The date of registration of new Co-operative Societies had been suppressed by the respondents in the counter-affidavit and the date of registration of all these 129 new Co-operative Societies has not been mentioned in the counter-affidavit. The election of co-operative societies are held on democratic pattern. The basic principle for holding a fair election is that once a notification is issued for holding election in the State by the Registrar Co-operative Societies, U.P. then registration of new societies or enrolment of members either by the Societies or by the Administrator should not take place because that would disturb the electoral college. The reason is obvious because if registration or enrolment of new member societies are permitted then any person or party who is interested in gaining mileage over his rival or victory in the election, he can very conveniently enrol new societies and get it registered increasing the electoral college for his benefit. If this is permitted then it will defeat the democratic principle on which the entire co-operative movement is based. Thus, to take an example in the election of M.Ps. and M.L.As. after the elections are notified by the Chief Election Commissioner of India, u/s 30 of the Representation of People Act, 1951, the voter list cannot be disturbed nor any person can be enrolled as a voter to participate in the electoral process. There is another aspect of the matter since the District Co-operative Bank is under the administration of Administrator appointed by the Registrar U.P. Cooperative Societies, the Administrator or Administrative Committee consisting of District Assistant Registrar could not have enrolled new 129 co-operative societies. It has been held by Apex Court that the administrator cannot enroll new members or societies in view of law laid down in K. Shantharaj and another Vs. M.L. Nagaraja and others, and Jt. Registrar of Co-op. Societies Vs. T.A. Kuttappan and Others, wherein it has categorically been held that the Administrator does not have a power to enrol new members, it can only conduct elections in accordance with law and the scheme of the Act. Since member were illegally enrolled by the Administrator they cannot be permitted to participate in the election.

We therefore are of the considered opinion that the Joint Registrar has committed illegality in registering 129 new Co-operative Societies and the resolution of the Administrative Committee for enrolling 129 new Co-operative Societies as members of the District Co-operative Bank Ltd., Mainpuri is illegal and both the orders cannot be sustained in law.

In the result this petition succeeds and is allowed. The resolution of the administrative committee dated 28.10.2009 filed as Annexure-C.A. 5 to the counter-affidavit sworn by Subhash Chandra District Assistant Registrar, District Co-operative Societies, U.P., Mainpuri and the orders passed by Joint Registrar, U.P. Co-operative Societies, Agra Region, Agra registering 129 new Co-operative Societies mentioned in the resolution of the Administrative Committee dated 28.10.2009 are quashed.