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Judgment
Sureshwar Thakur, J
Through Annexure P-3, Election programme, was drawn, for electing the Managing Committee, of the petitioner-society,. The term of the
Managing Committee, as stated at the Bar, by the learned Senior Counsel, appearing on behalf of the petitioner-society, has expired on 01.12.2020.
The sequel thereof, is qua it becoming incumbent, upon, the Assistant Registrar, Cooperative Society concerned, to, ensure the conducting, of, fresh
elections, to, the Managing Committee, of, the petitioner-society.
This Court has perused the order, made upon, CMP No. 3645 of 2020, instituted with in CWP No. 1363 of 2020-G, wherethrough, the order of
supersession, of, the Managing Committee of the petitioner-society, as made, through exercising, of, statutory powers, vested in the Assistant
Registrar concerned, under Section 37 of the Himachal Pradesh Co-operative Societies Act, 1968, (hereinafter referred to as “the Actâ€), hence
became stayed. Obvious consequence thereof is that, the respondents concerned, became barred to appoint an Administrator, to, manage and
lookafter the financial and administrative affairs, of, the Society concerned.
Be that as it may, since as afore stated, it was incumbent, upon, the Assistant Registrar concerned, to, after the expiry of term, of, the Managing
Committee, conduct fresh elections, but, he has, through the impugned order, proceeded to re-draw proceedings, under Section 37 of the Act,
inasmuch as, for superseding the Managing Committee, and also thereafter, has proceeded to appoint an Administrator. The afore powers exercised
by the Assistant Registrar concerned, could not be exercised by him, unless the afore civil writ petition, hence containing a controversy almost similar
to the one, embodied in the impugned order, became affirmatively decided vis-Ã -vis the Managing Committee concerned. Furthermore, the stigmatic
effect of the afore redrawing, of, powers under Section 37 of the Act, is that, the members of the Managing Committee, purportedly incurring the
disqualification to participate in the fresh elections to be conducted thereto.
Consequently, for undoing the afore effects, this Court clarifies that the Assistant Registrar/Returning Officer concerned, shall within two weeks,
ensure that fresh elections are conducted, to the Managing Committee of the Society concerned, and shall also ensure that the Administrator, hence
appointed, under the impugned Annexure(s), shall only function for ensuring the conducting, of, the smooth and streamlined democratic elections, to
the Managing Committee, of, the society concerned, and that he shall not administer, the financial and other administrative affairs, of, the society
concerned. Moreover, in view of the afore, it is also clarified that the participation, non-participation or ineligibility, on any account, of the erstwhile
members of the Managing Committee, to, participate in the fresh elections, to be conducted, shall also be decided through an independent application
of mind, being made, by the Assistant Registrar/Returning Officer concerned. Accordingly, the extant writ petition is disposed of, so also pending
application(s), if any.
Copy dasti.