N T P C , COOPERATIVE HOUSING SOCIETY LTD THRU KRI Vs. STATE OF U P THRU PRIN SECY HOUSING DEPTT AND ORS

JUDGEMENT

(1.) Heard Sri Rakesh Kumar Chaudhary, Advocate for the petitioner and Sri K.S. Pawar, Advocate for the respondents.

(2.) It is stated that Section 29(5) of the U.P. Cooperative Societies Act, 1965 was amended by U.P. Cooperative Societies (Amendment) Act, 2013, which has come into force on 15th April, 2013, and thereby the power of the Registrar to appoint an interim committee of management has been taken away, but still by reference to Rule 438 of the U.P. Cooperative Societies Rules, 1968, the impugned order has been passed appointing an interim committee of management, though after amendment of the substantive provision in the statute even the powers under the rules, which were framed when under the substantive provision of the statute, power of appointment of interim committee of management was available, now cannot be invoked.

(3.) Learned counsel appearing for the Housing Commissioner has not been able to point out as to under which provision interim committee of management has been appointed after the Amendment Act of 2013. However, he could not dispute that the substantive provision in the Act has been omitted by substitution of Section 29(5) and now in Principal Act there is no such power. The rules, if any, have to be consistent with the substantive provision of the statute and in that view of the matter impugned order is patently without jurisdiction.