Uttarakhand High Court
WPMS/2436/2020 on 12 March, 2021
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
ON THE 12TH DAY OF MARCH, 2021
BEFORE:
HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
Writ Petition (M/S) No. 2436 of 2020
BETWEEN:
Madan Lal Huriya ...Petitioner
(By Mr. S.K. Mandal, Advocate)
AND:
Registrar, Cooperative Societies Uttarakhand
& others ... Respondents
(By Mr. T.S. Phartiyal, learned Additional C.S.C. for the
State, Mr. B.M. Pingal, Advocate for respondent no. 3
and Mr. Mohit Kumar and Mr. D.N. Sharma, Advocates
for respondent no. 4)
JUDGMENT
According to the petitioner, he is Vice-
Chairman of Bahuuddeshiya Cooperative Society Ltd.,
Nandpur Khempur, Block Gadarpur, District Udham
Singh Nagar (respondent no. 3). According to him,
General Body of the said Society had passed a
resolution on 16.09.2020, whereby petitioner had
been given signing authority on cheques on behalf of
the Society, as there was allegation of financial
impropriety against respondent no. 4 - Chairman of
the Society. The said financial power granted to the
petitioner vide resolution dated 16.09.2020 was
subsequently withdrawn by resolution dated
02.12.2020. Petitioner has challenged the subsequent
resolution dated 02.12.2020 on various grounds.
2. Learned counsel for the petitioner has
placed reliance upon Rule 418 of the Uttarakhand Co-
operatives Societies Rules, 2004, which reads as
under:-
"418. No resolution passed by the general
body or the Committee of Management of
a co-operative society shall, without the
previous sanction of the Registrar, be
rescinded, altered or amended by such
general body or Committee of
Management, as the case may be, within
6 months from the date of passing of
such resolution."
3. Based on the said provision, learned
counsel for the petitioner submits that since
Registrar's permission was not obtained while
rescinding the earlier resolution before a period of six
months, therefore, subsequent resolution is nullity in
the eyes of law.
4. Learned counsel for the petitioner points
out that petitioner has made a representation to
Registrar, Co-operative Societies Uttarakhand
through proper channel on 09.12.2020. Learned
counsel for the petitioner submits that since the said
representation is still pending, therefore, the writ
petition may be disposed of with a direction to the
Registrar, Co-operative Societies Uttarakhand to take
decision on the said representation.
5. Having regard to the facts and
circumstances of the case, the writ petition is
disposed of with a direction to Registrar, Cooperative
Societies Uttarakhand to consider and decide
petitioner's representation dated 09.12.2020 as early
as possible, but not later than six weeks from the
date of production of certified copy of this order.
6. For a period of six weeks or till decision is
taken by the Registrar, whichever is earlier, status
quo, as on today, shall be maintained. It goes
without saying that all the stakeholders shall be
heard by the Registrar before taking any decision.
(MANOJ KUMAR TIWARI, J.)
Aswal
