Allahabad High Court
Raj Pal Singh And 3 Others vs State Of U.P. And 3 Others on 16 July, 2024
Bench: Anjani Kumar Mishra, Jayant Banerji
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:113418-DB Court No. - 3 Case :- WRIT - C No. - 22561 of 2024 Petitioner :- Raj Pal Singh And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sujeet Kumar Rai Counsel for Respondent :- C.S.C. Hon'ble Anjani Kumar Mishra,J.
Hon'ble Jayant Banerji,J.
1. Heard learned counsel for the petitioner.
2. This writ petition has been filed seeking the following relief:
"i) issue a writ, order or direction in the nature of certiorari, quashing the resolution of the general body meeting dated 5.6.2024 (Annexure: 1 to the writ petition);
ii) issue a writ order or direction in the nature of mandamus, directing the respondents not to bifurcate Kisan Sewa Sahkari Samiti Limited, Mihwa, Block Hastinapur, District Meerut;
iii) issue such other appropriate writ, order or direction in the nature of writ, which this Hon'ble Court may deem fit and proper in the circumstances of the case and to which the petitioner be entitled under law; and"
3. Earlier one of the petitioners has filed another writ petition being Writ-C No. 5267 of 2023 (Ashok Sharma Vs. State of UP and others) with the following relief:
"I) To issue a writ or direction to direct the concerned respondents not to take coercive action in pursuance of agenda letter dated 27.10.2023, 13.10.2023 and 01.09.2023 issued by Secretary, Bahuddesheey Prathmik Grameen Sahkari Samiti Meehva, Meerut.
II. To issue any other order or direction as this Hon'ble Court may deem fit and proper under the circumstances of the case.
III) Award to cost of the writ petition to the petitioner."
4. Now, the instant petition has been filed with the relief aforesaid. It appears that the Cooperative Society in question is a Multi-Purpose Primary Grameen Sahkari Samiti that is stated to be registered under the U.P. Cooperative Societies Act, 1965.
5. At the outset, learned counsel for the petitioner has fairly stated that under Section 128 of the Act, 1965, it is the Registrar, who has power to annull the resolution of the Cooperative Society. It is stated that despite that provision of law he has filed this petition on the ground that the resolution passed is wholly without compliance of any rule in this regard and without there being a Chairman and without there being the requisite quorum. He also stated that due to political interference the impugned resolution was passed.
6. Since, it is the admitted case of the petitioner that powers of the Registrar are to be exercised in appropriate cases under Section 128 of the Act, 1965, we decline to interfere in this petition. It shall be open to the petitioner to seek such statutory remedy as may be available to them before the competent forum because the competent forum can always correct any illegality.
7. This writ petition is, therefore, dismissed.
Order Date :- 16.7.2024 A. V. Singh