KEHAR SINGH Vs. RANVEER SINGH AND OTHERS

JUDGEMENT

(1.) Appellant is respondent no. 4. The writ petition was filed by the Chairman of the Cooperative Society. Election to the Committee of Management was held on 07.11.2013. It had the term of five years. There were six members in the Management Committee.

(2.) He noted that before passing the order, under Section 35(1) of the Uttaranchal Co-operative Societies Act, 2003, it was absolutely necessary for the Registrar to have given an opportunity of hearing to the Management Committee and should have also obtained the opinion from the general body of the Society. Both these requirements were observed in the breach. The learned Single Judge further took note of Bye-law No. 35, which contemplated filling up of any casual vacancy amongst elected members of the Committee by way of co-option. In regard to the disqualification of Sri Subhash Kumar, it is found that it was contrary to the procedure provided in Rules 474 to 477. Noting the argument of the learned counsel for the appellant that there was no occasion for providing an opportunity to the Committee of Management, as there was no Committee, it was found that the argument was without any basis. Further reliance is placed on Bye-law No. 35, which we have noticed, as per which, remaining members of the Committee were empowered to co-opt the members from the general body. It is found that the Registrar did not make any attempt to comply with the requirement of Section 35 of the Act, namely, to call a meeting of the General Body. There is a tearing haste, which was not required, is another finding. The Minister's directions to appoint certain persons were noticed. It is found that there is mala fide and arbitrariness running through the entire gamut of events. The contention based on the alternative remedy was rejected. Consequently, the impugned orders were quashed. After quashing, the learned Single Judge proceeds to order as follows:

(3.) We heard Sri Ajay Veer Pundir, learned counsel for the appellant, Sri Shobhit Saharia, learned counsel on behalf of the writ petitioner, Sri Paresh Tripathi, Chief Standing Counsel for the State of Uttarakhand and Sri Yogesh Pandey, learned counsel for the 4th respondent.