Court No. - 36 Case :- WRIT - C No. - 1870 of 2010 Petitioner :- Jagdev Singh Respondent :- State Of U.P. & Others Petitioner Counsel :- Satyam Singh,Shiv Nath Singh Respondent Counsel :- C.S.C.,C.S. Singh Hon'ble Prakash Krishna,J.
Hon’ble Yogesh Chandra Gupta,J.
By means of the present writ petition, the petitioner has sought to challenge
the order dated 23rd of December, 2009, whereby a show cause notice under
Section 38(2) of the Cooperative Societies Act, 1965 has been issued to the
petitioner who happens to be Secretary of the Society.
The case of the petitioner is that the said notice is totally without jurisdiction
and the authority concerned could not have issued the said show cause notice
in view of the resolution dated 17.2.2009 passed by the Society in exercise of
power conferred on it under Section 38(1) of the said Act.
The contention of the petitioner is that it has been found by the Society that
the petitioner has not committed any irregularity, therefore, no action is
required. This being so, the learned counsel for the petitioner submits that the
Registrar has no jurisdiction to initiate any proceedings under Sub section (2)
of Section 38 of the said Act. The matter requires consideration.
Notice on behalf of the respondent Nos. 2 and 3 has been accepted by Sri C.S.
Singh, Advocate and on behalf of the respondent No.1, by the learned
standing counsel.
Issue notice to the respondent Nos. 4 and 5. They may file counter affidavit
within three weeks. Two weeks thereafter for rejoinder affidavit. List
thereafter.
Till further orders, the operation of the impugned notice dated 23.12.2009
shall remain stayed.
(Prakash Krishna, J.)
(Yogesh Chandra Gupta, J.)
Order Date :- 18.1.2010
LBY