MOHD. SARWARYAR KHAN S/O SRI MOHD. SARWATAYAR KHAN Vs. STATE OF UTTARAKHAND THROUGH SECRETARY COOPERATIVE, UTTARAKHAND GOVERNMENT AND ORS.

JUDGEMENT

(1.) BY means of this Writ Petition, moved under Article 226 of the Constitution of India, the petitioner has sought the following reliefs:

(2.) THE case of the petitioner in nutshell is that the petitioner was nominated by the State Government as Director on 29th September, 2004 in the Cooperative Society (respondent No. 5) and thereafter he contested the election of the Chairman of the Society and he was declared elected by the Election Officer as Chairman of the said Society and he took the charge as such. The petitioner has been discharging his duties as Chairman of the Society. The term of the Chairman of the Committee of Management was five years according to the provision of Uttaranchal Cooperative Societies Act, 2003 (hereinafter referred U.C.S.A.). The Committee of Management has not passed any no -confidence motion against the petitioner, as such, he cannot be terminated or he cannot be allowed to cease as Chairman of the said Committee. The respondent Nos. 1 to 4 have passed the impugned order withdrawing the nomination of the petitioner as Director and thereafter he was not permitted to function as a Chairman in the said society. Hence, this petition has been filed by the petitioner.

(3.) THE petitioner has also filed the rejoinder affidavit reiterating the same averments which he has made in the writ petition.