RAM BABOO YADAVA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) THIS is an appeal from the order of K. C. Agrawal, J., dismissing Civil Misc. Writ No. 12570 of 1975. The petitioners therein are the appellants.

(2.) THE material facts are these : THE Zila Sahkari Federation Ltd., Etawah, (shortly called hereafter as the Society) is a registered Cooperative Society. Its committee of management (hereinafter referred to as the Committee) was reconstituted on 11-9-1974, when 12 members were elected and two members were nominated to the Committee which in turn elected on 16-9-1974, appellant-1, Ch. Ram Babu Yadav, as its Chairman. In purported exercise of the powers under Section 34 of the U. P. Cooperative Societies Act, 1965 (shortly called the Act), the Government of Uttar Pradesh nominated respondent-3, Lakhan Singh Yadav, as the Chairman and respondents 4 to 7 as the members of the Committee. THE State Government has subscribed more than 25% of the capital of the Society. But the amount so subscribed is very much less than Rs. 15,00,000/-.

(3.) IN this appeal Shri D. P. S. Chauhan, learned counsel for the appellants, contested the correctness of the view of the learned single Judge as to the competence of the State Government to nominate respondent-3 as the Chairman of the Society. Shri Chauhan also submitted that the petitioners had not made deliberately any false statement or misrepresentation of facts in the affidavit in support of the writ petition.