HC directs Registrar Coop to conduct elections to Coop Societies
STATE TIMES NEWS
JAMMU: In a bunch of petitions, the petitioners have assailed the validity of SRO 236 of 2013 dated 25.04.2013 by which Rule 16 of Jammu and Kashmir Co-operative Societies Rules has been amended.
The petitioner is the Secretary of Multipurpose Cooperative Society Jakh, Tehsil and District Jammu. It is the case of the petitioners that Jammu and Kashmir Cooperative Societies Act 1989(hereinafter referred to as the ‘Act’) was enacted with an object to give complete internal autonomy. Under Section 176 of the Act, the state Government has power to frame Rules.
The State Government under the Act has framed Rules namely Jammu and Kashmir Cooperative Societies Rules 2001.
It is averred in the writ petition that under Rule 16 of Rules, elections of members of the committee i.e. Board of Society other than Agricultural Credit Society shall be held on such date as may be specified by the Registrar and shall be conducted under the control of Assistant Commissioner (Revenue). It is further averred that since there was direct interference of the State Government and autonomous character of society was being jeopardized, therefore, SRO 1 of 2005 dated 04.01.2005 was promulgated and amendment was made in Rule 16 (1) & (2).
Justice Alok Aradhe of J&K High Court Jammu Wing after hearing both the sides, disposed of the petitions with the direction that since the elections have not been conducted as notified earlier, the Registrar Cooperative Societies is directed to take steps to conduct elections in respect of the management/committees boards whose terms have expired in terms of Section 29 of the Act within one month and complete the process of election within a period of two months. JNF