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2019 Supreme(All) 640

SUDHIR AGARWAL, ASHWANI KUMAR MISHRA, RAJENDRA KUMAR IV
Vandana Varma – Appellant
Versus
State Of U. P. – Respondent


Advocates Appeared:
For Petitioner:- Shashi Nandan
For Respondent: C.S.C.,Dhirendra Singh,Karan Prakash Tiwari,Kunwar Bahadur Srivastava,Nikhil Kumar

JUDGMENT :

Hon'ble Sudhir Agarwal, J.

1. A Division Bench, finding itself unable to agree with the law laid down by an earlier Division Bench in Kamil Kidwai vs. State of U.P. and others, 1992 (10) LCD 263, on the interpretation of Section 38(1) of U.P. Co-operative Societies Act, 1965 (hereinafter referred to as 'U.P. Act, 1965'), in respect of power of Registrar, with regard to sanction of resolution of Committee of Management of a Co-operative Society, passed in exercise of power under Rule 454 of U.P. Co-operative Societies Rules, 1968 (hereinafter referred to as 'Rules, 1968') and a follow up decision in Writ Petition No.45314 of 2014 (Smt. Vandana Varma and 2 others vs. State of U.P. and 6 others) decided on 29.8.2014, made reference to Larger Bench for answering the following question:- "Whether, the division benches in Kamil Kidwai Vs. State of U.P., 1992 (10) Lucknow Civil Decisions, 263, followed in Writ Petition No. 45314 of 2014, in so far as the exercise of power by a committee of management of a cooperative society, under rule 454, is subject to grant of sanction b












































































































































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