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RAM SEWAK PACHAURI versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Ram Sewak Pachauri v. State Of U.P. And Others - WRIT - C No. 20836 of 2006 [2006] RD-AH 7985 (19 April 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble  Yatindra Singh,J

Hon'ble  R.K.Rastogi,J

There is a  Cooperative Society  by the  name of Aruna Nagar   Sahkari  Awas Samiti  Limited  Etah

(the Cooperative Society). An Administrator  was  appointed by order dated 14.2.2006 on the ground that no elections were  held. Some members raised  dispute  under section 70 of the  U.P.  Cooperative  Societies Act  before the  respondent no. 5 in which an interim order had been  passed on 2.3.2006, hence the present writ petition.

We have heard  the  counsel for the petitioner, Mr. Pankaj Mittal  and  Standing Counsel for the            respondents.

Counsel for the petitioner submits  that the appointment of   an Administrator  can not be  challenged  in a proceeding under section 70 of  the U.P. Cooperative Societies Act  and as such the S.D.M.  has  neither  jurisdiction  to entertain  the dispute  nor there is any  jurisdiction to pass any  interim order.

In the circumstances of the case it would be  appropriate  that  the petitioner may  file an application    before the respondent no.5 raising  these  objections. In case any such  application is  filed, the respondent no.5 will  pass  reasoned order   at an early date, if possible  within one  month from the date of  filing of the application.

With these observations the writ petition is disposed of.

20.4.2006

MLK/1

20836/06


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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