RANVEER SINGH Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) The petitioner is the Chairman of the Management Committee of a Cooperative Society, namely, Dugdh Utpadak Sahkari Sangh Limited Shikarpur, Haridwar. It is the Management Committee, which is vested with the powers of controlling and performing dayto-day administration of the Cooperative Society. A Cooperative Society is an elected body, which is elected as per the provisions contained in Uttaranchal Cooperative Societies Act, 2003. In the three-tier cooperative societies in the State, which are Primary level, District level and the Apex level, the District Cooperative Society is a District level society where members are of a particular Society as well as elected representative of the Primary Society, who ultimately elects the Management Committee.

(2.) The election to the Management Committee was held on 07.11.2013. There were six members in the Management Committee, out of which four members, namely, Ravindra, Ranveer Singh (present petitioner), Smt. Munesh and Smt. Rekha Devi were elected and two members, namely, Subhash Kumar and Smt. Bala Devi respectively, were co-opted as members in the Management Committee. On 18.05.2016, two members of the Society, one elected (Smt. Rekha Devi) and another coopted (Smt. Bala Devi) tendered their resignations directly to the Registrar, Dairy Development Department, Uttarakhand. Thereafter, the Registrar sought certain information from the Manager of the Society, which was provided to him on the same day itself and consequently he passed an order next day i.e., on 19.05.2016, holding that there were six members of the Society and since two members have already resigned, therefore only four members are left in the Management Committee, out of these four members he has disqualified one member namely Subhash Kumar as he had supplied milk to the District Society, less than the minimum quantity required. After declaring Sri Subhash Kumar as disqualified and hence ineligible, there remain only three members in the Society. According to respondent no. 2, three member society is no society and therefore he appointed Assistant Director of Dairy Development Department as an administrator on 19.05.2016 and directed to take action in view of Article 243 ZL (2) of the Constitution of India. The very next day i.e., 20.05.2016 the administrator was replaced by an Administrative Committee of five members, namely, Kehar Singh, Krishna Pal Singh, Rekha Rana, Rahul and Assistant Director. Out of these five members two are the ones who had tendered their resignations on 18.05.2016.

(3.) It appears that the Cabinet Minister, who was in-charge of the Cooperative Society, had sent a letter dated 20.05.2016 to the Director Dairy Development with a request to appoint Sri Kehar Singh as a Chairman of the Committee and other four persons as members of the Cooperative Society. In compliance of the said order, an order was passed by the Registrar, who is also the Director, on the same day itself i.e., 20.05.2016 appointing Sri Kehar Singh as Chairman of the Committee and other four persons as members of the Society (referred above).