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2012 Supreme(All) 128

ASHOK BHUSHAN, SUNITA AGARWAL
PRABHAKAR DWIVEDI – Appellant
Versus
STATE OF U. P. – Respondent


Advocates Appeared:
Ajit Kumar Singh, Ashok Khare for the Petitioners; C.S.C., Sujeet Kumar Rai for the Respondents.

JUDGMENT

Hon’ble Ashok Bhushan, J.—Heard Sri Ashok Khare, Senior Advocate, assisted by Sri Ajit Kumar Singh for the petitioners, Sri R.N. Singh, Senior Advocate, assisted by Sri Rajesh Tripathi for respondent No. 6, Sri Sujeet Kumar Rai, appearing for respondents No. 4 and 5 and learned Standing Counsel appearing for respondent No. 1 to 3.

2. Counter-affidavit as well as supplementary counter-affidavit has been filed on behalf of respondents No. 4 and 5 to which rejoinder affidavit has also been filed by the petitioners. With the consent of learned counsel for the parties, the writ petition is being finally decided.

3. Brief facts of the case as emerge from pleadings of the parties are as follows; the District Co-operative Bank Limited, Gorakhpur is a Central Society within the meaning of U.P. Cooperative Societies Act, 1965 (hereinafter referred to as the 1965 Act). The elections of the Directors of the Committee of Management of the District Co-operative Society Bank, Gorakhpur (hereinafter referred to as the Bank) were held on 5th October, 2009. The elections of the Chairman and Vice Chairman was held on 6th October, 2009 in which respondent No. 6 was elected as Chairman and peti














































































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