B.N.SAPRU, S.K.MUKHERJEE
Ghanshyam Singh – Appellant
Versus
District Assistant Registrar Cooperative Societies, Mathura – Respondent
1. THE petitioner was appointed as an Administrator of the Sahkari Sangh Limited, Biswar, Mathura by the Registrar, Cooperative Societies by virtue of the powers vested in the Registrar under section 29 of the U. P. Cooperative Societies Act, 1965 (hereinafter to be referred to as 'the Act')- THE petitioner has been replaced by another Administrator by an order of the Registrar dated 6-3-1987 in which order certain misconduct was also imputed to the petitioner.
2. SRI D.P.S. Chauhan appearing for the petitioner contends that the petitioner could not have been removed by the Registrar, Cooperative Societies, without following the procedure prescribed under Section 35 of the Act for the super-session or suspension of a Committee of Management. The argument is based on a reading of Section 29 (5) of the Act which runs as follows:-
"The Administrator appointed by the Registrar under sub-section (4) shall, subject to any directions which the Registrar may from time to time give, have the power to perform all or any of the functions of the Committee of Management or of any officer of the society and shall be deemed for all purposes under this Act, the Rules and the bye laws of t
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