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HC directs registrar cooperatives to hold polls to boards whose term has expired 5/20/2016 10:50:15 PM Early Times Report Jammu, May 20: A high court division bench of Chief Justice N Paul Vasanthakumar and Justice Ali Mohammad Magrey today directed registrar of cooperative societies to take steps for holding elections to those management committees and boards whose term had expired. The bench also directed him to hold elections within one month and complete the election process within two months. The court directive came in appeals filed by petitioners, questioning the writ court order in November 30, 2015 petitions upholding SRO 236 of April 25, 2013 and issuing amendment to Rule 20, 21 and 23 of J&K Cooperative Societies Act, 1989. The ground raised in the petition was that while issuing the amendment through SRO 236 of 2013, principles of natural justice were not followed as no hearing was given to the appellants who were members of different societies. They submitted that by virtue of the amendment, the autonomous character of the societies was affected and, therefore, the same was liable to be quashed. They said the amendment issued was contrary to section 176 of the Act and therefore, same was ultra vires to the Act. The bench observed that the period for which appellants were elected to the management committees and boards of cooperative societies was already over and due to non-conduct of elections, directions were issued by this court (affirmed by Supreme Court) to consider a review of rules and the state government amended them. The impugned SRO was issued for amending rules considering the fact of not conducting elections to management committees and boards of cooperative societies. "Thus issuance of notice before amending rules, as contended by the counsel for appellants, was rightly rejected by the writ court and in the light of the above findings arrived by us, we are unable to find any reason to interfere with the order of the writ court which has analysed every issue raised by appellants and rendered a judgment which is perfectly in order. There is no merit in the appeal and the same is dismissed," the bench said. The bench directed registrar cooperative socities to take steps to conduct elections to those management committees and boards whose term had expired, in terms of section 29 of J&K Cooperative Societies Act, 1989, within one monthand complete elections within two months.   Share This News with Your Friends on Social Network     Comment on this Story

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