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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Manoj Kumar Tiwari, J.
Rajesh Singh - Appellant
Versus
State Of Uttarakhand & Ors. - Respondents
Writ Petition (M/S) No. 2843 of 2021
Decided On : 28-12-2021
Membership Cancellation - Cooperative Society - The court directed the Competent Authority to decide the petitioner's appeal against the cancellation of membership within three months.
Fact of the Case:
The petitioner's membership from a Primary Cooperative Society was cancelled, and the petitioner challenged the cancellation order in a writ petition.
Finding of the Court:
The court disposed of the writ petition with a direction to the Competent Authority to decide the petitioner's appeal within three months.
Issues: Cancellation of membership, pending appeal, Competent Authority's decision
Ratio Decidendi: The court emphasized the need for the Competent Authority to decide the appeal in accordance with the law and within a specified timeframe.
Final Decision: The writ petition was disposed of with a direction to the Competent Authority to decide the petitioner's appeal within three months.
JUDGMENT
Manoj Kumar Tiwari, J. - Petitioner was a member of a Primary Cooperative Society, namely, Haldi Multipurpose Cooperative Society Ltd., Phoolbagh, Pantnagar, District Udham Singh Nagar. Membership of the petitioner from the said society was cancelled, vide order dated 18.12.2021. In this writ petition, petitioner has challenged the cancellation order dated 18.12.2021.
2. After arguing for a while, learned counsel for the petitioner submits that petitioner has filed an appeal against cancellation order, which is pending before District Assistant Registrar, Cooperative Societies, Udham Singh Nagar. Learned counsel for the petitioner has produced in Court an order dated 25.12.2021 passed by Additional Registrar, Cooperative Societies, Uttarakhand, whereby present incumbent on the post of District Assistant Registrar, Cooperative Societies, Udham Singh Nagar has been transferred to Tehri Garhwal.
3. Be that as it may, since petitioner's appeal against cancellation of membership is pending before the Competent Authority, therefore, the writ petition is disposed of with a direction to the Competent Authority to decide petitioner's appeal, in accordance with law, as early as possible, preferably, within three months from the date of production of certified copy of this order.
4. Let a certified copy of this order be issued within 24 hours.
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