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| HC directs Divcom to hold CCB election within 90 days | | | Jammu, De 6
Justice YP Nargotra of J&K High Court Jammu wing, while allowing the writ petition filed by share holder of the Citizens Cooperative Bank (CCB) Ltd Jammu, has directed the Divisional Commissioner Jammu (Administrator of the Bank) to take immediate steps for holding elections in accordance with Cooperative Societies Act and complete the election process within three months.
During the course of argument Advocate Abhinav Sharma appearing for the petitioner submitted that after Administrator being appointed in terms of Cooperative Societies Act 1989, it is mandatory that elections of the management Board be held within a period of one year. However, the same has not been held. The Administrator is continuing without there being any authority of law.
Justice Nargotra in this significant judgment observed that continuation of an Administrator for managing the affairs of the Society beyond the stipulated period, runs counter to the scheme of Co-operativism and therefore, should always be deprecated. In the present case the Registrar Cooperative by his letter June 5, 2006 requested Administrator to take steps towards holding election, but it is unfortunate that Divisional Commissioner, the Administrator has not been able to initiate the election process till date. In view of this position, writ petition of the petitioner is allowed with a direction to the Divisional Commissioner Jammu to take immediate steps for holding elections in accordance with co-operative societies act, rules and byelaws. The election process shall be completed within three months, Court ordered.
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