K S HOTHI Vs. ADMINISTRATOR UT AND ORS

JUDGEMENT

(1.) The epitome of the facts, which needs a necessary mention for a limited purpose of deciding the instant application under Order 1 Rule 10 Code of Civil Procedure read with Article 226 of the Constitution of India and emanating from the record, is that Petitioner Kartar Singh Hothi has filed the instant writ petition for setting aside the impugned order dated 11.6.2009 (Annexure P7), by virtue of which, the Joint Registrar, Cooperative Societies (Respondent No. 5) removed the members of the Managing Committee and appointed its Administrator. Petitioner has only impleaded Krishan Kumar, Administrator of the Society as Respondent No. 8..

(2.) Now the applicants filed the present application for impleading them as Respondents, inter-alia pleading that after appointment of Administrator, vide impugned order (Annexure P7), the elections of the Managing Committee were held on 8.8.2009, new Executive Committee has taken over and it (Managing Committee) is conducting the business of the Society. According to the applicants that as decision of the main petition may adversely affect the rights of the remaining Respondents as well, therefore, their presence is essential. On the basis of aforesaid allegations, the applicants prayed that they may also be impleaded as Respondents in the main writ petition.

(3.) Neither the Petitioner nor the original Respondents filed any reply to contest the prayer of the applicants. However, the Petitioner has opposed the prayer of the applicants and urged that since they illegally became members on the basis of General Power of Attorneys, so, their presence is not at all required.