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2013 Supreme(UK) 511
UTTARAKHAND HIGH COURT
Hon'ble Mr. Justice Sudhanshu Dhulia
Writ Petition (M/S) No. 2637 of 2013
ACHPAL SINGH – Petitioner
Versus
STATE OF UTTARAKHAND & ORS. – Respondents
Decided on : 13.11.2013
For the Petitioner:Mr. Shobhit Saharia, Advocate
For the State : Mr. Paresh Tripathi, Additional C.S.C.
Headnote:Uttarakhand Cooperative Societies Act, 2003, Sec. 126 — Registrar Cooperative Society — Powers — Invoking of — The Registrar can annul a resolution of the General body if he is of the opinion that the resolution is in contravention of the provisions of the Act — And a party aggrieved by such resolution is entitled to invoke the powers of the Registrar and request him to annul the resolution. (Para 2)
mÙkjk[k.M lgdkjh lfefr;k¡ vf/kfu;e] 2003] /kkjk 126 & jftLVªkj lgdkjh laLFkk & vf/kdkj & voyEcu & jftLVªkj lekU; fudk; ds fu.kZ; dks ‘kwU;or dj ldrk gS vxj mldh jk; esa fu.kZ; vf/kfu;e ds izko/kkuksa ds mYya?ku esa gks & vkSj dfFkr fu.kZ; ls ihfM+r i{k dks jftLVªkj dh ‘kfDr;ksa ds voyEcu dk gd gS vkSj og jftLVªkj ls dfFkr fu.kZ; dks ‘kwU;or djus ds fy, izkFkZuk dj ldrs gSaA ¼izLrj 2½
Hon’ble Sudhanshu Dhulia, J. (Oral)
1. The petitioner is a Chairman of a Primary Cooperative Society. He is aggrieved by the resolution of the Committee of Management of the Society by which financial and administrative powers of the petitioner have been taken away.
2. The preliminary objection has been raised by Mr. Tripathi, Additional C.S.C. for the State that the writ petition is not maintainable as against the Primary Cooperative Society the State Government has no power to control over the financial and the administrative power of the society. Secondly, in any case under Section 126 of the Uttarakhand Cooperative Societies Act, 2003, the petitioner has an alternative remedy to approach the Registrar, Cooperative Society, which is presently functioning in the State of Uttarakhand. Section 126 of the Uttarakhand Cooperative Societies Act, 2003 reads as under:-
“126. The Registrar may:-
(i) annul any resolution passed by the Committee of Management, or the general body of any co-operative society; or
(ii) cancel any order passed by an officer of a co-operative society;
if he is of the opinion that the resolution or the order, as the case may be, is not covered by the objects of the society, or is in contravention of the provisions of this Act, the rules or the bye-laws of the society, whereupon every such resolution or order shall become void and inoperative and be deleted from the records of the society:
Provided that, the Registrar shall, before making any order, required the Committee of Management, general body or officer of the co-operative society to reconsider the resolution, or as the case may be, the order, within such period as he may fix but which shall not be less than fifteen days, and if he deems fit may stay the operation of that resolution or the order during such period.
Applicability – The Registrar can annul a resolution of the General body if he is of the opinion that the resolution is in contravention of the provisions of the Act. A party aggrieved by such resolution is entitled to invoke the powers of the Registrar and request him to annul the resolution.”
3. In view of the above provision, no relief as prayed can be granted by this Court. The writ petition is dismissed. However, in case the petitioner approaches the Registrar, Cooperative Societies, he is directed to expedite the hearing of the matter after providing opportunity of hearing to all the parties. No order as to costs.
