Disposed

Gurmeet Singh v. State of U.P. and 5 Others

Allahabad HC27 Jan 2022WRIC/32257/2021

Case brief

AI extract

What is this about?

In this writ petition, the petitioner, Vice Chairman of a co-operative society, sought to officiate as Chairman after the death of the existing Chairman and restrain a respondent from assuming that office. The Court noted that an efficacious remedy was available under the Act.

What did the court decide?

The petitioner is directed to approach the Registrar under Section 128 of the Act within eight weeks for consideration of his claim.

Gurmeet Singh Vs State of U.P. and 5 Others — Cooperative Societies | Allahabad HC (2022)

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Court No. - 21

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Case :- WRIT - C No. - 32257 of 2021

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Petitioner :- Gurmeet Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Brijesh Kumar Pandey Counsel for Respondent :- C.S.C.,Sujeet Kumar Rai

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Hon'ble Manoj Kumar Gupta,J. Hon'ble Shekhar Kumar Yadav,J.

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Heard learned counsel for the petitioner and learned Standing Counsel for respondent Nos.1 to 4.

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The instant writ petition has been filed praying for a mandamus commanding the respondent-authorities to allow the petitioner to hold office of the Chairman, Mankara Co-operative Society Ltd., Bilaspur, District-Rampur and restrain respondent No.6 from working as Chairman of the Society.

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Mankara Co-operative Society Ltd., Bilaspur, District-Rampur is a registered co-operative society under the provisions of the Uttar Pradesh Co-operative Societies Act, 1965(hereinafter referred to as "Act"). Smt. Asma Begum was Chairman of the Society. He is stated to have died on 28.03.2021. The petitioner claims that as Vice Chairman, he is entitled to perform the duties of the Chairman until a new chairman is elected, nominated or appointed, in view of Section 30(4) of the Act.

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It is urged that respondent No.6 has been illegally handed over charge of the office of Chairman under political pressure though the same is not permissible under law.

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Shri Sujit Kumar Rai, learned counsel for respondent No.5 made statement before this Court on 06.01.2022 that nobody is interfering in the petitioner's right to officiate as Chairman of the Society placing reliance on a resolution dt. 09.09.2021. A copy of the said resolution has been brought on record alongwith the affidavit of the Secretary of Mankara Kisan Sewa Sehkari Samit Limited, District-Rampur.

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At item No.2, the Society had resolved that the bank accounts consequent upon death of Smt. Asma Begum, shall be operated jointly by the petitioner and respondent No.6.

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Learned counsel for the petitioner relying upon the said resolution submitted that same is wholly illegal inasmuch as the petitioner is entitled to operate the account without interference

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from respondent No.6.

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The petitioner, thus, seeks to question the resolution passed by respondent No.5 dated 09.09.2021.

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Under Section 128 of the Act, the Registrar is invested with power to annul any resolution passed by the co-operative society if he finds that the resolution is not covered by the objects of the society or is in contravention of the provisions of the Act.

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Since efficacious remedy is provided under the Act itself and therefore it is open to the petitioner to avail the said remedy.

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Accordingly, the instant writ is disposed of by providing that in case the petitioner approaches the Registrar under Section 128 of the Act, his claim shall be considered in accordance with law expeditiously, preferably within a period of eight weeks' from the day of production of certified copy of this order along with true attested copy of the instant order.

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All pleas and contentions are left open for being raised before the Registrar.

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The petition stands disposed of .

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Order Date :- 27.1.2022 Sachin/-

Gurmeet Singh v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

Gurmeet Singh v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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