Ran Singh Tomar v. State of U.P. and 3 Others

Court No. - 32 Case :- WRIT - C No. - 35547 of 2023 Petitioner :- Ran Singh Tomar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Gavendra Kumar Mishra Counsel for Respondent :- C.S.C.,Sunil Kumar Misra Hon'ble Salil Kumar Rai,J. Hon'ble Surendra Singh-I,J. Heard the counsel for the petitioner and Shri Pramod Kumar Singh, Advocate, holding brief of Shri Sunil Kumar Mishra, Advocate, representing the respondent No. 2. The petitioner is functioning as Secretary of Sainik Sahkari Avas Samiti Ltd. Meerut, w.e.f. 1.2.2023. The Additional Registrar/Additional Commissioner, Housing, Lucknow exercising powers under Section 38(1) of the Uttar Pradesh Co-operative Societies Act, 1965 (hereinafter referred to as, 'Act, 1965') has vide his order dated 5.9.2023 directed the Committee of Management of the Society to remove the petitioner from the post of Secretary of the Society and by his order of the same date has also directed the Society to re-consider the resolutions dated 20.12.2022 and 15.9.2022 passed by the Committee of Management of the Society. The said orders have been challenged in the present petition. Under Section 38(1) of the Act, 1965, the Committee of Management of the Society is not bound to pass an order of removal as directed by the Registrar under Section 38(1) of the Act, 1965. Under the aforesaid provision, the Society on the instructions of the Registrar, is required to pass an order which it deems fit after giving an opportunity of hearing to the concerned ofÏcer and it is not necessary that the Society should pass an order of removal of ofÏcer concerned. In case the Society refuses to pass an order of removal of the ofÏcer, the Registrar has the power to pass an order of removal under Section 38(2) of the Act, 1965. Similarly, under Section 128 of the Act, 1965, the Registrar may annul any resolution passed by the Committee for Management or General Body of the Co-operative Society and also empowered under the Ist Proviso of Section 128 of the Act, 1965 that before making any order annulling or cancelling the resolution, the Registrar may ask the Committee of Management or the General Body of the Society to re-consider the resolution within such period as he may fix. Apparently, the orders passed by the Registrar under Section 38(1) of the Act, 1965 or the Ist Proviso of Section 128 of the Act, 1965 do not finally determine the rights of the parties and no cause of action accrues either in the ofÏcer concerned or the Committee of Management of the Society to challenge the orders of the Registrar passed under Section 38(1) of the Act, 1965 or Ist Proviso to Section 128 of the Act, 1965. It is only when the Registrar passes a final order under Section 38(2) of the Act, 1965 or the Society complies with the instructions of the Registrar and passes an order of removal under Section 38(1) of the Act, 1965, that the aggrieved party shall have the right to challenge such orders and cause of action shall accrue in the person against whom the said orders have been passed. In view of the aforesaid, the present petition is premature and does not require consideration by this Court under Article 226 of the Constitution of India at this stage. The petition is dismissed. Order Date :- 13.10.2023 Anurag/- High Court of Judicature at Allahabad