Surendra Pal Singh vs State Of U.P.Thru.Prin.Secy. ...
2022 Latest Caselaw 3277 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 19
 

 
Case :- WRIT - C No. - 10160 of 2021
 

 
Petitioner :- Surendra Pal Singh
 
Respondent :- State Of U.P.Thru.Prin.Secy. Cooperative And Ors.
 
Counsel for Petitioner :- Rakesh Srivsatava,Sudama Prasad
 
Counsel for Respondent :- C.S.C.,Paramanand Asthana
 

 
Hon'ble Pankaj Bhatia,J.

Heard learned Counsel for the petitioner and learned Additional Chief Standing Counsel.

The present petition has been filed challenging the order dated 08.03.2021 whereby the application preferred by the petitioner under Section 128 of the U.P. Co-operative Societies Act, 1965 has been rejected holding that the petitioner would be entitled to avail a remedy as provided under Section 98(1)(c) of the Societies Act.

The facts in brief are that the petitioner claims to be the member of the Society in the name and style of 'Sainik Sahkari Avas Samiti Limited, Meerut' and was removed by means of a resolution dated 07.02.2020, which according to the petitioner was not in accordance with law. The petitioner challenged the said resolution by filing a petition under Section 128 of the Societies Act on which an order came to be passed holding that the petitioner had a remedy under Section 98 (1)(c) of the Societies Act.

The Counsel for the petitioner argues that the said order is clearly wrong, inasmuch as, under the U.P. Co-operative Societies Act, two remedies are provided. First remedy is provided under Section 98(1)(c) and second remedy is under Section 128. The petitioner is liberty to avail any of such remedy. He places reliance on the judgment of this Court in the case of Bank Sahyog Sahkari Awas Samiti Limited vs State of U.P. and others; [(2013) 4 UPLBEC 119] wherein this Court analysing the scope of Sections 98(1)(c) and 128 has held as under:

"15. In our opinion, Act, 1965 provides two remedies to a person, whose membership is terminated by a cooperative society, under Section 27 of Act, 1965, (I) by way of appeal under Section 98(1)(c) and (II) by way of an application under Section 128 of Act, 1965 before the Registrar to annul the decision/resolution of the cooperative society."

In view of the fact that the petitioner had availed one of the remedies as available under Section 128, the same could not have been dismissed on the ground that the petitioner had another remedy under Section 98(1)(c) of the Act.

In view thereof, the order as communicated vide order dated 08.03.2021 (Annexure-3) is set aside.

The respondent no.2 shall hear the application of the petitioner filed under Section 128 of the Societies Act with all expeditions, in accordance with law, preferably within a period of three months from the date of filing of the present order.

The writ petition is allowed.

Order Date :- 18.5.2022

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