The High Court dismissed the writ petition for lack of locus standi, holding that the petitioner had no standing to challenge a resolution removing a different member, Rishipal Bhati, from the Cooperative Society.
The writ petition was dismissed for lack of locus standi as the petitioner was not the person removed.
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Court No. - 39
Case :- WRIT - C No. - 19491 of 2018
Petitioner :- Babu Ram Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Ashwani Kumar Mishra Counsel for Respondent :- C.S.C.,Ravindra Singh
Hon'ble Dilip Gupta,J. Hon'ble Neeraj Tiwari,J.
The petitioner seeks to challenge the resolution of the Committee of Management of the Sahkari Ganna Vikas Samiti Limited, Khatauli District Muzaffar Nagar removing one Rishipal Bhati under Rule 454 of the U.P. Cooperative Societies Rules, 1968.
A preliminary objection has been raised by Sri Ravindra Singh, learned counsel appearing for the respondents that the petitioner would have no locus to assail the said resolution.
We find substance in the preliminary objection raised by the learned counsel appearing for the respondent-Society. The petitioner has not been removed as a member of the Society. He cannot, therefore, be permitted to challenge the resolution of the Sahkari Ganna Vikas Samiti Limited removing Rishipal Bhati.
The writ petition is, accordingly, dismissed.
Order Date :- 28.5.2018 GS
(Dilip Gupta,J.)
(Neeraj Tiwari,J.)
Babu Ram
State Of U.P.
Dilip Gupta
Neeraj Tiwari
As recorded by the court registry
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