RAM KRISHNA POKHARIYAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed inter alia with the prayers for issuance of a writ, order, or direction in the nature of (i) certiorari quashing the impugned order dated 10.10.2011 passed by opposite party no.5, as contained in Annexure No.1 to this writ petition; (ii) mandamus commanding the Registrar, Uttar Pradesh Cooperative Societies not to interfere in the functioning of the Uttar Pradesh Upbhokta Sahkari Sangh Limited; (iii) commanding the Central Registrar, functioning under the Multi-State Cooperative Societies Act, 2002 (for short ''the Act of 2002') to allot the registration number of the Uttar Pradesh Upbhokta Sahkari Sangh Limited under the relevant provisions of the Act of 2002; (iv) commanding the Central Registrar as well as the Committee of Management of the U.P. Upbhokta Sahkari Sangh Ltd. (the UPSS) to hold the election of the Committee of Management of the UPSS under the provisions of the Act of 2002 as early as possible;

(2.) The brief facts, giving rise to filing of this writ petition are that petitioner nos.1 and 2 are the delegates of the Society-Zila Sahkari Vikas Sangh Limited Tihari Garwal (Muni Ki Reti) "Jalpur Sahkari Kraya Vikraya Samiti, Jaspur, Udham Singh Nagar" respectively to the UPSS and were elected as the members of the Committee of Management of the UPSS (commonly known as Director) in the elections held in 1999 and thus have a legal interest in the declaration of deemed Multi-State Cooperative Societies Status for the UPSS to save the interest of the Society, and the people being served by it.

(3.) This writ petition has been directed against the order of Joint Registrar, Cooperative Societies, U.P., Lucknow dated 10.10.2011 passed without jurisdiction by which Cooperative Society "Zila Sahkari Vikas Sangh Limited Tihari Garwal (Muni Ki Reti)" and "Jalpur Sahkari Kraya Vikraya Samiti, Jaspur, Udham Singh Nagar" as aforesaid have been expelled from the membership of the UPSS. The Joint Registrar, Cooperative Societies, U.P., Lucknow Division, Lucknow, through the order dated 29.07.2011 illegally directed the UPSS to remove the petitioners from its membership though they were duly elected members of the Committee of Management of the UPSS in the elections held just before the commencement of U.P. State Reorganization Act, 1999. The petitioners came to know the fact regarding the expulsion of the Society "Zila Sahkari Vikas Sangh Limited Tihari Garwal (Muni Ki Reti)" and Jalpur Sahkari Kraya Vikraya Samiti, Jaspur, Udham Singh Nagar" under the direction to the Committee of Management of the UPSS from its membership in the last week of August, 2012 when they contacted the office of the UPSS at Lucknow. The aforesaid orders dated 10.10.2011 and 29.07.2011 were never communicated to the petitioners and thus they continued their relations with the UPSS as earlier and as usual till date. The Committee of Management of the UPSS has never expelled the petitioners- societies from its membership and still the petitioners-societies are its members as such.