JAGAT NARAIN SINGH Vs. DISTRICT ASSISTANT REGISTRAR

JUDGEMENT

(1.) This petition raises a ticklish but an interesting question whether the petitioner ceased to be a Member of the Municipal Board Kamachari Bhogi Sahkari Samiti, Jaunpur, which is a primary society, registered under the Uttar Pradesh Co-operative Societies Act, 1965 (for short "the Act").

(2.) Bye-Jaws of the Society are Annexure-1 to the writ petition. Bye law 6 kg of the said Bye-laws states that membership of the Society is open to all the employees, either permanent officiating or probationers Under this bye-laws, the petitioner became a Member of the aforesaid society before 1960, as he was an employee of the Municipal Board Jaunpur. He was elected as a delegate by the Primary Society to the District Co-operative Bank Limited, Jaunpur on 23-12-1977. Being a delegate, he was elected a Member of the Committee of Management of the District Co-operative Bank Limited. Jaunpur on 22-10-1992. Under Rule 445 of the U.P. Co-operative Societies Rules, 1968 (brieffy "the Rules") terms of the Committee of Management shall be three years. Taus, the petitioner unless incurs a disqualification earlier, is entitled to continue as Member of the Committee of Management upto 21-10-1995.

(3.) The petitioner retired as Principal of the Junior High School, Raja Bazar Nagar Chhetra, Jaunpur on 30-9-1993. there upon, the District Assistant Registrar, Jaunpur, respondent No. 1 passed an impugned order dated 18-11-1993 (Annexure-4 to the writ petition) holding that upon retirement from the post of Principnl, the petitioner ceased to be a Member of the Committee of Management. He, therefore, wrote to the Secretary/ General Manager, Distirct Co-operative Bank Limited, Jaunpur, to take up appropriate proceedings against the petitioner under Rule 454 of the Rules.