JUDGMENT :

1. Heard Sri Krishna Mohan Misra, learned counsel for the petitioners, learned Standing Counsel for the respondent No.1 and 4-State, Sri Sunil Kumar Misra, learned counsel for the respondent No.2 and 3 and Sri Rakesh Pande, learned Senior Counsel assisted by Sri Radhey Krishna Pandey, learned counsel for the respondent No.5.

2. The petitioner-committee of management has assailed the order dated 22.06.2021 entered by the learned appellate authority /Joint Secretary, Co-operative Department, U.P. Government, Lucknow passed in purported exercise of appellate powers conferred under Section 98(n) of the Uttar Pradesh Co-operative Societies Act, 1965.

3. Sri Krishna Mohan Misra, learned counsel for the petitioners contends that the learned appellate authority /Joint Secretary, Co-operative Department, U.P. Government, Lucknow has passed the impugned order dated 22.06.2021 despite inherent lack of jurisdiction. Failure to raise the issue of jurisdiction at the stage of the appeal, does not preclude the petitioners from canvassing the same before this Court. The issue of jurisdiction goes to the root of the matter.

4. Sri Krishna Mohan Misra, learned counsel for the petitioners has