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2022 Supreme(All) 1571

SIDDHARTHA VARMA, AJIT SINGH
Committee of Management, Azad Cooperative Housing Society Limited – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Prabhakar Awasthi and Dhiresh Kumar
For the Respondent: Lal Chandra Sahu, Narendra Kumar Giri, Nirankar Singh and Sunil Kumar Misra

JUDGMENT :

By the Court.-The petitioner C/M Azad Cooperative Housing Society Limited (hereinafter referred to as the ''Society'') is a duly registered cooperative society under theUttar Pradesh Cooperative Societies Act, 1965 (hereinafter referred to as the ''Act'').

2. The last admitted election of the Committee of Management of the Society was held on 15.10.2016, as per its bye-laws for a period of five years. The term therefore was to expire on 14.10.2021. It appears that on 17.6.2021, the Additional Housing Commissioner exercising his powers under Section 35 read with Section 38 of the Act held that all the members of the Committee of Management had forfeited their rights to continue and, therefore, superseded the elected Committee of Management. Exercising his powers under Sections 29 (4-B) of the Act and under Rule 438 of theUttar Pradesh Co-operative Societies Rules, 1968, (hereinafter referred to as the ''Rules''), he further appointed a four member interim Committee consisting of various State officials.

3. On 2.1.2022, under the orders of the Chairman of the interim Committee of Management of the Society, Sri Pradeep Kumar Raman, ACM-1, Bareilly, on the basis of the resoluti

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