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Kraya Vikray Sahakari Samiti Ltd. And Another v. State Of U.P. & Others - WRIT - C No. 9624 of 2005  RD-AH 4456 (24 February 2006)
Hon'ble Yatindra Singh,J.
This is a writ petition against order dated 10.2.2005 stopping the election of the petitioner society on the ground that petitioner society is not a Kraya Vikraya Co-operative Society under the Co-operative Societies Act.
We have heard the counsel for the petitioners and the Standing Counsel, for the respondents.
The Standing Counsel was granted time to file counter affidavit but no counter affidavit has been filed. No reason has been mentioned in the impugned order as to why the petitioner Kraya Vikraya Society is not to be treated as a Kraya Vikraya Co-operative Society under the Act.
In view of this, the impugned order dated 10.2.2005 is quashed. Respondent no.2 may pass fresh reasoned order after consideration of Clause 4 of registered Bye-laws of the Co-operative Society at an early date, if possible within a month from the date of receipt of certified copy of this order.
With these observations, the writ petition is allowed.
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