Point of Law : It is well established that the court cannot read a statutory provisions contrary to its language unless the same is prohibited under the Act or has the potential to lead to absurd results.

JUDGMENT :

1. Heard Sri Vinod Kumar Singh, learned Counsel for the petitioner as well as Sri Pankaj Srivastava along with Sri Shashank Bhasim, learned Counsel appearing on behalf of the State and Sri Rakesh Srivastava, learned Counsel appearing on behalf of the respondent no.5 in leading Writ-C No.13574 of 2018.

2. All the petitions arise out of a common order, as such, the same are being decided by means of this common judgment.

3. For the sake of brevity, the facts as emerge from Writ-C No.13574 of 2018 are being recorded.

4. By means of the present writ petitions, the petitioners have challenged the judgment and order dated 21.03.2018 passed by the U.P. Co-operative Tribunal, Lucknow (hereinafter referred to as "the Tribunal"), whereby the appeals preferred against the order dated 23.01.2017 have been allowed.

5. The facts in brief are that in the year 2013, a complaint was received alleging irregularities committed by the employees as well as the members of the Committee of Management of the U.P. Civil Secretariat Primary Co-operative Bank Limited, on which, initially a Committee was constituted under Section 66 of the U.P. Co-operative Societies Act, 1965 (in short "the 1965 Act") and the matter was got investigated. It is stated that prima facie, certain irregularities were revealed. The proceedings were instituted under Section 68(2) of the 1965 Act. After hearing the parties, an order came to be passed under Section 68(2) on 23.01.2017 by an officer designated as the Joint Commissioner and Joint Registrar/ Additional Commissioner and Additional Registrar Co-operative.

6. Aggrieved against the said order, the persons against whom the said orders were passed (respondents herein) preferred appeals before the Tribunal. In all nine appeals, the main argument of the appellants was that the order dated 23.01.2017 is without jurisdiction. In support of the said argument, the appellants relied upon the notification issued by the State Government in exercise of powers conferred under Section 3(2) of the 1965 Act on 05.07.1969 as well as the subsequent notification dated 27.12.1975. They also placed reliance on the judgment of this Court dated 09.04.2010 passed in Misc. Single No.1712 of 2010 [Ravi Pratap Srivastava and others vs. Co-operative Tribunal, U.P., Lucknow and others]. The Tribunal relying upon the judgment dated 09.04.2010 passed in the case of Ravi Pratap Srivastava (supra) allowed the appeals vide order dated 21.03.2018 and set aside the orders dated 23.01.2017 holding the same to be without jurisdiction and further observed that in case, any irregularity comes to light, the orders can be passed under Section 68 of the 1965 Act in accordance with law. The said order dated 21.03.2018 is under challenge before this Court.

7. The Counsel for the petitioner argues that the orders passed by officer designated as the Joint Commissioner and Joint Registrar/ Additional Commissioner and Additional Registrar Co-operative was well within jurisdiction. He argues that Section 3 of the 1965 Act provides for a Registrar and the State Government is under an obligation to appoint a person to be the Registrar of the Co-operative Societies for the State. Sub-section (2) of Section 3 confers additional powers on the State Government to appoint other persons to assist the Registrar by a general or special order and confer upon them all or any of the powers of the Registrar. Section 3 is quoted hereinbelow :

"3. Registrar. - (1) The State Government may appoint a person to be the Registrar of Cooperative Societies for the State.

(2) The State Government may, for the purposes of this Act, also appoint other persons to assist the Registrar and by general or special order confer on any such person all or any of the powers of the Registrar.

(3) Where any order has been made under sub-section (2) conferring on any person all or any of the powers of the Registrar under any provision of this Act, such order shall be deemed to confer on him all the powers