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2013 Supreme(All) 222

ASHOK BHUSHAN, ABHINAVA UPADHYA
COMMITTEE OF MANAGEMENT, DISTRICT CO-OPERATIVE BANK LIMITED, ETAWAH – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
Counsel :
Sudeep Harkauli, Rohit Agarwal and Shashi Nandan for the Petitioner; C.S.C., A.S.G.I. (2010/2132), Ashok Khare, Gautam Baghel, K.J. Shukla, P.S. Baghel and R.K. Mishra for the Respondents.

JUDGMENT

Hon’ble Ashok Bhushan, J.—These two writ petitions raising similar issues have been heard together and are being decided by this common judgment.

Counter and rejoinder-affidavits have been exchanged between the parties.

2. The Writ Petition No. 61325 of 2011 is being treated as leading writ petition and it is sufficient to refer the pleadings of Writ Petition No. 61325 of 2011 for deciding both the writ petitions.

3. The writ petition has been filed by the Committee of Management District Co-Operative Bank Limited, Etawah challenging the order passed by the Registrar Co-operative Societies U.P. dated 1.6.2010 by which the petitioner was directed to reconsider its resolution dated 24.5.2010 by which the Committee of Management had taken a resolution that by making new appointment financial burden of the Bank shall increase, hence new appointment be not made and the resolution was sent to the Registrar, Co-operative Societies and the Institutional Service Selection Board. Prior to 2010 the Committee of Management of the Bank was not functioning and the Administrator appointed under the U.P.Co-operative Societies Act, 1965 (hereinafter referred to as the Act) was managing the






































































































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