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1965 Supreme(All) 21

V.G.OAK, S.K.VERMA, G.PRASAD
Abu Bakar – Appellant
Versus
District Handloom Weavers Co-operative Society, Mau – Respondent


Advocates:
Ganesh Prasad and Ambika Prasad, for Appellants; J. Swarup, for Respondents.

Judgement

S. K. VERMA, J. : A Division Bench of this Court has referred three questions for answers by a larger Bench. This Full Bench has been constituted for that purpose. The three questions referred are these :-

1. Whether R. 115 of the Rules framed under the Co-operative Societies Act is ultra vires the powers of the Government in so far as it authorises the reference of a dispute between the Society or its committee and any officer of the society to the Registrar to be decided by the Registrar himself or by an arbitrator nominated by the Registrar ?

2. In case the answer to the above question is in the negative, whether the expression 'officer' must be construed as including a past officer ?

3. If so, whether past officer must : be construed as referring only to a person who was an officer of the society until the dispute arose, but had ceased to be an officer before the dispute was referred by the society, or also to a person who was an officer at the time business of the society which gave rise to the dispute had been transacted, but had ceased to be its officer before the dispute arose ?

2. A dispute arose with regard to rendering of accounts between the plaintiffs-appellants a





















































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