AVINASH SHARMA Vs. STATE OF UTTARAKHAND AND ORS.

JUDGEMENT

(1.) UNDISPUTEDLY , Sri Gurnam Singh, son of Late Sri Lakkha Singh, was holding the office of Vice Chairman, Bajpur Ditya Kishan Sewa Sahkari Samiti Limited, District Udham Singh Nagar (hereinafter referred to as "society"); meanwhile, Sri Gurnam Singh contested the election of Village Pradhan of Village Diyohari, Tehsil Bajpur and was declared as Gram Pradhan on 28.06.2014; a meeting of the Society was held under the chairmanship of Sri Gurnam Singh on 08.08.2014 wherein Sri Gurnam Singh tendered his resignation from the post of Vice Chairman as well as membership of the Society; in the meeting held on 08.08.2014 under the chairmanship of Sri Gurnam Singh, petitioner was allegedly elected as Vice Chairman of the Society, after accepting the resignation of Sri Gurnam Sigh; respondent No. 2 Managing Director/Secretary of the Society vide order dated 13.08.2014 (Annexure No. 3 to the writ petition) impugned, herein, was pleased to hold that since Sri Gurnam Singh was elected as Gram Pradhan on 28.06.2014 of Village Diyohari, therefore, he would be deemed to have discontinued from the membership of the Society as well as from the post of Vice Chairman of the Society with effect from 28.06.2014, as per mandate of Rule 473 of the Uttaranchal Cooperative Society Rules, 2004 (hereinafter referred to as Rules, 2004); it was further held that since Sri Gurnam Singh was not a member/Vice Chairman of the Society, in view of Rule 473 with effect from 28.06.2014, therefore, meeting held on 08.08.2014 under his chairmanship was ab initio void and nullity, therefore, resolution made in the meeting dated 08.08.2014 would be deemed to be nullity and non est. Petitioner, who was allegedly elected as Vice Chairman of the Society in the meeting dated 08.08.2014, has filed present writ petition challenging the order dated 13.08.2014 (Annexure No. 3 to the writ petition). I have heard Mr. S. Bhupendra Singh, Advocate for the petitioner, Mr. Gajendra Tripathi, Brief Holder for the State of Uttarakhand/respondent No. 1 & 3, Mr. Paresh Tripathi, Advocate for respondent No. 2. and Mr. Manav Sharma, Advocate for respondent No. 4 and have carefully perused to record.

(2.) RULE 473 of the Rules 2004 reads as under:

(3.) LEARNED counsel for the petitioner, while referring to Rule 94 of the Rules 2004, has vehemently argued that Chairman of the Cooperative Society or in his absence, Vice Chairman or in absence of both, even a member can preside over the meeting, since other members were present in the meeting, wherein petitioner was elected as Vice Chairman after accepting the resignation of Gurnam Singh, no fault can be attributed to meeting dated 08.08.2014.