KAMLA KANT MISRA Vs. STATE OF U P

JUDGEMENT

(1.) The present writ petition has been filed by one Kamla Kant Misra claiming to be a member of a member of a Central Society known as Phulpur- Sahson Sahkar Cold Storage Ltd., Sahson, district Allahabad. The aforesaid society was registered under the U. P. Co-operative Societies Act (hereinafter referred to as the Act) and had framed its own rules and bye-laws in accordance with the Act. It was being managed by the Committee of Management under the bye-laws-By an order dated 21st December, 1975 passed under sub-secsion (2) of Section 35 of the Act by the Deputy Director. Co-operative Societies, U. P. the Society was suspended and the Tahsildar, Phulpur was appointed as Administrator. The petitioner wants to challenge this order of suspension on various grounds mentioned in paragraph 5 of the writ petition. However, as we do not see any reason why the order was not challenged within a reasonable period, afterit was passed, we are not inclined to interfere in that connection. No. reason has been shown why the order was not ehllenged when it was passed.

(2.) The other question involved in the case is rather important. Many amendments have been made in the bye- jaws in pursuance of an order passed on 17th February, 70 by the Deputy Registrar exercising the powers of the Registrar under the Act, Copy of this order has been filed as Anncxure "3(b)" to the writ petition. The petitioner has challenged those amendments and has pointed out that since the cider dated 17th February, 1970, purported to have been passed under section 131 (4) of the Act and since the existing bye-laws were not inconsistent with the Act or the Rules framed thereunder the Deputy Registrar had no jurisdiction to order any amendment in the bye-laws of the Society.

(3.) The standing counsel seeks to justify the amendments by asserting that they have been made by the Deputy Registrar in exercise of the powers conferred on the Regiterer under Section 14 of the Act. In this connection, he has raised on paragraph 11 of the counter-affidavit of Sri D.K. Singh dated 24-7-1978.