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1974 Supreme(All) 324

R. L. GULATI
Kamla Prasad, Adhyaksh, Sahkari Samiti – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates appeared:
G. N. Verma, Advocate, for the Petitioner; S.C, for the Opposite Parties

JUDGMENT

R. L. Gulati, J. - On 28th December, 1967 an annual general meeting of the Sahkari Samiti, Vrindabati Bangar, district Mathura, was held and certain Directors were elected. Thereafter the election of office-bearers was to be held on 4th January, 1968. A day earlier, on 3rd of January, 1968, on a complaint, the Assistant Registrar, Co-operative Societies, Mathura, respondent No. 3, passed an order staying the election of the office bearers. In spite of this stay order, the election was held at the petitioner's residence and he got himself elected as the President. The petitioner says that the stay order was not communicated to him. To my mind that makes no difference. Any action taken in contravention of the stay order where communicated or not is invalid. However, since I am not dealing with the merits of the case, it is not necessary to pronounce any final judgment on this point.

2. An application for setting aside the election of the Directors was made on 3rd January, 1968. This application was referred to an Arbitrator, Sri Brij Mohan Yadav, respondent No. 4, under Rule 116 of the Co-operative Societies Rules, 1936 on 5th February, 1968. On 25th of March, 1968 the arbitr

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