VANDANA VARMA Vs. STATE OF UP

JUDGEMENT

(1.) Heard Sri Shashi Nandan learned Senior Counsel assisted by Sri Rohit Agarwal learned counsel for the petitioners, Sri Nikhil Kumar for the respondent nos. 5 and 6, Sri Dhirendra Singh for the respondent no. 7 through its alleged Director Sri Ashok and the learned Standing Counsel for the respondent nos. 1 to 4.

(2.) Learned counsel for the parties have agreed that the writ petition be disposed of finally at this stage itself as the respondents do not propose to file any counter affidavits at this stage keeping in view the nature of the order that is proposed to be passed.

(3.) The contention raised by Sri Shashi Nandan, while questioning the impugned action of removal of the petitioners, who are office bearers of the Society and fall within the definition of "Officer", under the impugned orders dated 13.8.2014 and 21.8.2014, is to the effect that the exercise of powers under which such removal has been made does not fall within the jurisdiction of the Committee of Management of the Society, inasmuch as, the removal of the office bearers can only be done by proceeding to take action under Section 38 of the U.P. Cooperative Societies Act, 1965 and the rules framed thereunder. He submits that the action in the present case has been purportedly taken by invoking Rule 115 read with Rule 453 and Rule 454 of the U.P. Cooperative Societies Rules, 1968 which is a malicious exercise of power that is colorable and unlawfully executed.