ACHPAL SINGH Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(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 Sec. 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. Sec. 126 of the Uttarakhand Cooperative Societies Act, 2003 reads as under:-

(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.