By the Court.—We have heard learned counsel for parties and perused the pleadings of writ petition.

2. Brief facts leading to filing of this writ petition are as:

AJPA Parishad Sahkari Awas Samiti Ltd. (hereinafter referred to as ‘society’) GH 1/11, Sector 11, Vasundhara, Ghaziabad, U.P. is a registered Co-operative Housing Society having its registration No. 2087 dated 24.02.1995 and petitioner herein is a member of society having membership No. 786. The said society is governed by the U.P. Co-operative Societies Act, 1965 (hereinafter referred to as ‘Act 1965’) and the U.P. Co-operative Societies Rules, 1968 (hereinafter referred to as ‘Rules 1968’) and the bye-laws of society. The election of the Committee of Management was held in society in the year 2010 and thus the committee started functioning in society thereafter. The Additional Housing Commissioner vide order dated 17.2.2011 suspended the said management committee on false and flimsy grounds and initiated proceeding under Section 35 of the Act, 1965 for its supersession. The said action was done only in order to take the control of society in his own hands through his subordinate officer, who was appointed as Administrator of society. Thereafter, the management committee was superseded by the order dated 4.10.2011 of the Joint Housing Commissioner, U.P. Awas Evam Vikas Parishad, Lucknow.

3. The said management committee of society preferred an statutory appeal before the Co-operative Tribunal, U.P. bearing Appeal No. 1/2012 which was allowed vide judgment and order dated 24.5.2012 with a direction to opposite party No. 1 that he may pass fresh order on the allegations levelled against society after giving due hearing to the parties concerned. While the said matter was pending before opposite party No. 1 the State Government vide an Ordinance No. 716/79 vi-1-12-2(Ka) 6/2012 amended Section 29(2) of the Act, 1965 whereby the term of the committee of management of Cooperative Societies in U.P. was reduced to two years. Due to promulgation of the said ordinance, the term of management committee of society was automatically truncated on 19.10.2012.

4. Opposite party No. 1 had issued a Circular dated 31.3.2011, whereby standing orders were issued by opposite party No. 1 that no Co-operative Officer/Supervisor be appointed as Administrator in any suspended/ superseded Co-operative Societies and the concerned District Magistrate or any person nominated by him be appointed as Administrator after taking his opinion in the matter. According to the petitioner, the said office order/circular has not been amended/withdrawn by opposite party No. 1 till date nor has it been quashed by any competent Court of Law.

5. In utter defiance of the order dated 31.03.2011, opposite party No. 2 vide his Order No. 10176 dated 31.3.2012 appointed a two member administrative committee consisting of one Co-operative Officer (Housing) as its President and another officer on the same post as its member. The said violation wherein cooperative officers were appointed on the administrative committee as President and member was brought to the knowledge of opposite party No. 1 who took serious exception to the action of his subordinates and issued specific directions that only after consultation with the District Magistrate concerned, the administrative committee of society be constituted under President-ship of the person nominated by him.

6. After the said order dated 17.11.2012, opposite party No. 2 issued another order No. 11355/sah/dated 5.12.2012 whereby Shri Ghanshyam Singh, A.D.M. (Land Acquisition) was nominated as President of the Administrative Committee of Society. The said President of Administrative Committee gave his joining to Secretary of society on 10.12.2012. Thereafter, on the very same day, the Administrative Committee passed a resolution as regards the operation of bank accounts of society wherein it was resolved that all bank accounts of society shall be operative by