RAM ASREY BAISWAR Vs. REGISTRAR, CANE CO

JUDGEMENT

(1.) The petitioner is a member of Sahkari Ganna Vikash Samiti Ltd., Bara Banki (to be hereinafter called as the Society) which is opposite party No. 2 to the writ petition. He is also a member of the Board of Directors of this Society. Opposite party No. 3 is the Secretary of the Society. Opposite party No. 4 is another Co-operative Society which is also a member of the said Society. Opposite party No. 1 is the Registrar, Cane Co-operative Societies and opposite party No. 5 is the State of U. P.

(2.) The Society was registered under the provisions of the U.P. Co-operative Societies Act, 1912 since repealed and reenacted by U.P. Co-operative Societies Act, 1965. The Society had its own bye-laws framed under the provisions of the old Act and those bye-laws were to continue in force under sub-section (1) of Sec. 131 of the new Co-operative Societies Act (to be hereinafter called as the Act.) except in so far as the same were inconsistent with the express provisions of this Act.

(3.) The Registrar (Opposite Party No. 1) by means of his circular letter dated 6-4-1970 (Annexure 2 to the writ petition) required the Society to amend its bye-laws and for the purpose a printed copy of the model bye-laws framed by the Registrar under rule 13 of the U. P. Co-operative Societies Rules (to be hereinafter called as the Rules) was also enclosed which is annexure 3 to the writ petit ion. The Society was requried to amend and frame its bye-laws in consonance with the model bye-laws by 15-5-1970. According to the petitioner, a meeting of the general body of the Society was called on 15-5-1970 which adopted the model bye-laws subject to cent ain modifications made therein which it was competent to make under rule 14. These bye-laws were then sent to the Registrar for registration. The Registrar accepted some of the modifications made by the Society in the model bye-law but one modifications were not accepted by him. On the other hand, he himself made certain amendments to these model bye-laws including the addition of a new bye-law numbered as 43 (13). He then registered the bye-laws as not amended by him.