SRI NARAIN SACHAN Vs. STATE OF U P

JUDGEMENT

(1.) The Petitioner was elected as Chairman of a Cooperative Society registered under the provisions of the U.P. Co-operative Societies Act (hereinafter referred to as the Act) on the 11th March, 1978. On the 3rd September, 1979 one Sri Shyam Lal, Director of the Society, presented an application for moving a motion of no-confidence against him and the application admittedly was signed by the requisite number of Directors of the Society. The District Magistrate, Kanpur (Respondent No. 4) fixed 14th November, 1979 for consideration by the Committee of Management of the Society the proposed motion of no-confidence against the Petitioner and appointed the Tahsildar, Bhognipur, District Kanpur, as "Specified Authority" to conduct the meeting. A true copy of the notice dated 8th October, 1979 issued by the District Magistrate has been annexed to the petition as Annexure 1. By means of this petition, the Petitioner prays for the issue of a writ, order or direction in the nature of certiorari for quashing the notice dated 8th October, 1979. There is a further prayer for the issue of a writ, order or direction in the nature of mandamus commanding the Respondents not to hold the meeting which was to be held on the 14th November, 1979.

(2.) When the writ petition was presented in this Court it was ordered to be listed for admission after the decision of another writ petition for reasons which have not been disclosed during the hearing of this petition for admission. On the same date an order was passed on the application for interim order directing that till further orders operation of the notice calling meeting of the Committee of Management for 14th November, 1979 for considering the motion of no-confidence against the Petitioner shall remain stayed.

(3.) The sole argument advanced by the learned Counsel for the Petitioner in support of this petition is that Rules 455 to 460 of the U.P. Co-operative Societies Rules, 1968 (hereinafter referred to as the Rule) which armed the Committee of Management with powers to remove the Chairman or Vice-Chairman of a Co-operative Society by means of a motion of no-confidence are ultra vires and beyond the scope of rule making power granted under the Act. The basic contention of the learned Counsel for the Petitioner has been that since Section 38 of the Act provides for the authority which can and the manner in which an Officer of a Co-operative Society can be removed it is not open to provide for the removal of an Officer of the Society by any other authority or in any other manner by means of subordinate legislation. There is, in our view, no substance in this contention.