2025:HHC:10568 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 12214 of 2024 Decided on : 22.04.2025 Sh. Virender Singh Khurana and others. …Petitioners Versus The Secretary (Cooperation) and others. …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge Whether approved for reporting?1 For the petitioner : Mr. Kameshwer Singh Dhaulta, Advocate. For the respondents : Mr. Anup Rattan, Advocate General and Mr. Rahul Thakur, Deputy Advocate General, for respondents No.1 & 2. Mr. Umesh Kanwar, Advocate, for respondent No.3. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioner has, inter alia, prayed for the following reliefs:- “a. That respondent no.1 & 2 may kindly be directed to nominate Govt/ RCS nominees, terms of express mandate u/s 35 of H.P. Cooperative Societies Act and Rule 39 of Rules ibid, forthwith in a time bound manner, 1Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:10568 on the Board of the respondent federation; to constitute the Board of Directors of the federation for effective management of its day to day affairs. b. That respondent no. 3 may be directed to call the meeting of the members of the board, to elect its Chairman and Vice- hairman and other office bearers, as per mandate of Act, Rules and bye-laws. c. That the tenure of the petitioners may kindly be directed to be reckoned to complete their specified 5 years term, from the date the Board of federation is fully constituted by the respondents, as per law and in the interest of justice and equity.” 2. The grievance of the petitioners is that they are elected Directors from the respective Zones of respondent No.4 HIMFED, which is a Cooperative Society, duly registered under the Himachal Pradesh State Cooperative Societies Act, 1968 (hereinafter referred to as ‘the Act’). In terms of Section 35 of the said Act, the Government has the right to nominate not more than three Members or 1/3rd of the total number of the Members of the Committee of the Society, whichever is less, wherein, the conditions spelled out in Section 35 are fulfilled. 3. In the present case, despite the fact that the 3 2025:HHC:10568 election to constitute the Managing Committee of the Society were held as far back as in the year 2023, the Managing Committee is not functional for want of the nominations having been done by the Government till date. 4. Learned counsel for the petitioner has submitted that for want of the nominees by the Government, Section 34(2) of the Act is not being complied with, which is further leading to non-compliance of the provisions of Section 35(2A) of the Act. 5. When this case was listed on 04.01.2025, the following order was passed:- “On the vehement request of learned Advocate General, matter is adjourned to 7.1.2025, on or before which date this Court would be apprised with regard to nomination of non-official directors, if any, by the government.” 6. Thereafter, on 07.01.2025, the following order was passed:- “Learned Advocate General to apprise this Court with regard to steps, if any, taken by the Government pursuant to communication dated 24.09.2024 issued by Managing Director, HIMFED Shimla, thereby requesting 4 2025:HHC:10568 Secretary (Coop.) to the Government of Himachal Pradesh to constitute Board of Directors of HIMFED.” 7. Thereafter, on 10.03.2025, the following order was passed:- “As prayed for on behalf of the respondent-State, this case is ordered to be listed on 19.03.2025. This Court hopes and expects that nomination of the officer is made by the said date, failing which consequences shall ensue.” 8. On 19.03.2025, the following order was passed:- “List on 21.03.2025.” 9. Thereafter, on 21.03.2025, the following order was passed:- “On the request of learned Advocate General, list on 22.04.2025.” 10. Today again, a request has been made by learned Advocate General to grant more time to do the needful. He has also submitted that the functioning of the Committee is not hampered by the non-nomination of the Members by the Government, in terms of the provisions of Section 35 of the Act and nomination will be made in eight weeks. 11. This Court is of the considered view that in light of the said statement made by learned Advocate General, nothing 5 2025:HHC:10568 further is required to be adjudicated in this case, save and except that if the Government fails to nominate any Director by exercising prerogative vested in it under Section 35 of the Act, by 30.06.2025, then Managing Committee of respondent No.3 shall be taken to be comprised of the Members, who already stand elected/nominated, in terms of the provisions of Section 34(2) of the Act and respondent No.3-Committee shall be at liberty to carry out its functions, as it stands today, and thereafter, respondent-State shall forfeit its right to nominate any Director, at least for the remaining tenure of the present Managing Committee. After 30.06.2025, whatsoever the situation is, the Managing Director shall forthwith convene the meeting of the Committee, so as to elect the Chairman and Vice Chairman etc., as per the Statute. 12. Accordingly, the writ petition is disposed of in above terms. Pending miscellaneous application(s), if any, also stand disposed of accordingly. (Ajay Mohan Goel) Judge April 22, 2025 (Shivank Thakur)