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2004 Supreme(All) 2078

HIGH COURT OF ALLAHABAD
Jagdish Bhalla, Rakesh Sharma
U.P. Bank Employees Credit Cooperative Society, Ltd. Jugal Kishore Agarwal
Versus
State of U.P
W.P. 5171 of 2002
Decided On : 10 November 2004
W. P. 1710 Of 2002

Advocates Appeared:
A.M.Tripathi, A.N.Verma, ABHAY KUMAR, AMIT BOSE, Anil Kher, ASEEM CHANDRA, B.B.Saxena, B.K.VERMA, H.P.Srivastava, HEMANT KUMAR MISHRA, J.N.MATHUR, J.P.MATHUR, K.S.Bajpai, K.S.BAJPAIAI, L.P.MISHRA, N.K.Seth, NARAIN SHUKLA, R.C.TIWARI, R.K.SRIVASTAVA, RAGHVENDRA SINGH, RAKESH ASTHANA, RAKESH KUMAR, RAKESH SRIVASTAVA, REKESH SRIVASTAVA, S.C.Kaushik, S.C.Mishra, S.H.A.RIZVI, S.H.SHUKLA, S.K.Chaudhary, Shiv Prasad Shukla, U.N.TRIPATHI, V.K.SINGH, VIKASH SINGH, VIMAL KUMAR R.K.CHAUDHARY, Vinod Kumar Singh, VIRENDRA MISHRA,

RAKESH SHARMA, J.), J.

( 1 ) HEARD learned counsel for the parties. Since the common questions are involved in these writ petitions, the same are being disposed of together with a common judgment.

( 2 ) THE writ petition no. 5171 (M/b) of 2002 Mahesh Kumar gupta Vs. State of U. P. was finally disposed of by a Division Bench of this Court on 2. 12. 2002. Against the said judgment , appeals were filed by Sri Naresh Chandra Srivastava, opposite party no. 7 to this writ petition and the petitioner Sri Mahesh Kumar Gupta. Honble the Supreme Court of India has allowed the appeals on 8. 4. 2003, setting aside the aforementioned judgment and order passed by this Court, remitting the matter to this Court for deciding afresh in accordance with law alongwith other connected writ petitions. In view of this order, the connected writ petitions have been heard together.

( 3 ) THE pith and substance of these cases is whether after Re-organization of State of Uttar Pradesh and carving out the State of uttaranchal under the U. P. State Re-organization Act 2000 (which was promulgated on 9. 11. 2000) the affairs of various cooperative societies carrying out their business in both the States at the time of Re-organization shall be governed by the U. P. State Cooperative societies Act 1965 or by the Multi State Cooperative Societies Act 1984. Will these societies shall automatically become Multi State cooperative Societies with effect from 9. 11. 2000.

( 4 ) THE petitioners in writ petition no. 5171 (M/b) of 2002 have assailed the resolution dated 29. 7. 2002, election programme dated 12. 8. 2002 and the order dated 17. 8. 2002 on the ground that the multi State Cooperative Societies Act,1984 is not applicable on the society. The affairs of such societies are still to be governed by the U. P. Cooperative Societies Act, 1965 and the resolution dated 29. 7. 2002 should not be implemented. The petitioners have sought a writ or directions in the nature of mandamus commanding the opposite parties no. 1 and 2 to ensure that the affairs of U. P. Processing and Cold Storage Federation Limited (Hereinafter referred to as the PACSFED) including the constitution of its Committee of management are to be governed by the relevant provisions contained in U. P. Cooperative Societies Act 1965 and the Rules and regulations of 1968 made thereunder. The petitioners have claimed themselves to the members of Board of Directors of the Committee of management of the apex society, known as PACSFED. According to the petitioner, they were elected in the election held on 4. 9. 1999. Their tenure, which was to continue upto 4. 9. 1999 was extended to two more years meaning thereby the members were to get five years term to continue in the office. Some of the petitioners submitted an application dated 3. 11. 2000 under Rule 114 of the U. P. Cooperative societies Rules 1968 requesting the Managing Director of the Society to hold a meeting of the Committee of Management/ Board of directors of the Society. The Managing Director had fixed 15. 12. 2000 for holding the meeting to discharge the obligations created by Rule 154 of the U. P. Cooperative Rules,1968. The opposite party no. 7, Naresh Shanker Srivastava filed Civil Misc. Writ Petition no. 6006 (M/b) of 2000, challenging the jurisdiction of committee of Management to hold the proceedings under Rule 454. Vide order dated 14. 12. 2000, this Court had directed the petitioners to continue in the office till the complete procedure was followed and sanction granted from the Registrar.

( 5 ) THE above said writ petition was finally disposed of. Sri Naresh shanker Srivastava filed another writ petition no. 103 (M/b) of 2001 stating therein that as a result of the re-organization of State of uttar Pradesh on 9. 11. 2000 the PACSFED became a Multi State cooperative Society. The affairs and function of this apex society shall be governed by Multi State Cooperative Societies Act 1984 which was in vogue on the date of re-organization of th






















































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