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Ram Sewak Pachauri v. State Of U.P. And Others - WRIT - C No. 20836 of 2006  RD-AH 7985 (19 April 2006)
Hon'ble Yatindra Singh,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.
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