Vijay Yadav
The Haryana Govt. had made amendment in the Haryana Cooperative Societies Act 1984 on 10.05.2013 as per the 97th constitutional amendment. Regarding conducting the election of the committee following amendments made in section 28.
“The state Govt. may, by notification, constitute an election authority or the superintendent’s directions and control of the preparation of the electoral rolls, and the conduct of all elections of a prescribed cooperative society.
Provided that till the time such authority is constituted, the election of such society shall be got conducted by the Registrar or the existing committee of such society as the case may be.”
Sir, till today even after passage of two years the said election authority has not so far been constituted by the Govt. What would be the fate of the 97th amendment and election authority if the state govt. would not constitute the same even after passing of another two or more year?
Please guide and advise on constitution of the election authority by the Govt. at the earliest and what steps and actions should be initiated for getting implementation of the 97th amendment and Haryana state amendment so that the election authority should be constituted by the govt.
I C Naik
The following Provision is unconstitutional. But the High Court or Supreme Court has to pass an order to that effect.
“Provided that till the time such authority is constituted, the election of such society shall be got conducted by the Registrar or the existing committee of such society as the case may be.”
So file a writ.