Court No. - 39
Case :- WRIT - A No. - 21192 of 2019 Petitioner :- Abhishek Poshwal Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Sujeet Kumar Rai Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Heard learned counsel for the parties.
Controversy raised in this petition has already been adjudicated by this Court in Writ Petition No.18306 of 2019 (Deepak Singh Vs. State of U.P. and others), wherein following orders were passed on 26.11.2019:-
"While entertaining the writ petition following orders were passed in the matter on 18.11.2019:-
"An order of the Joint Commissioner and Joint Registrar, Cooperative, dated 2nd September, 2019 is assailed in this writ petition primarily on the ground that the Committee of Management is the competent authority to have passed the resolution in favour of the petitioner. It is stated that without any order passed under Section 128, cancelling such resolution, the Joint Commissioner would have no power to direct the society to disengage the petitioner from the post of Assistant Accountant.
Learned Standing Counsel may obtain instructions, as to whether, any interference has been made by the competent authority with the resolution of the Managing Committee for appointing the petitioner. Put up on 25.11.2019 in the additional cause list."
It appears that a resolution has been passed by the Committee of Management of the society concerned on 2.2.2015. This resolution has not been set aside by any competent authority. The Joint Commissioner cum Joint Registrar by the order impugned dated 2.9.2019 has restrained the society from acting in terms of the resolution dated 2.2.2015 on the ground that the resolution is inconsistent with the departmental circulars.
Learned counsel for the petitioner states that so long as the resolution dated 2.2.2015 is not set aside in appropriate proceedings, it would not be open for the Joint Commissioner to restrain the society from acting in terms of its own resolution.
Time was allowed to learned Standing Counsel to obtain instructions. The instructions produced before the Court is not found satisfactory. It is not disputed by learned Standing that no order under section 128 of the U.P. Cooperative Societies Act, 1965 has been passed cancelling the resolution dated 2.2.2015. So long as such an order is not passed, it would not be open for the Joint Commissioner to restrain the society from acting in furtherance of its own resolution.
Consequently, the orders impugned dated 2.9.2019 and 16.9.2019 cannot be sustained and are accordingly quashed. It shall, however, be open for the respondents to proceed afresh and examine legality of the resolution dated 2.2.2015 in appropriate proceedings.
Writ petition stands allowed."
Controversy being identical, this writ petition is also disposed of on the same terms.
Order Date :- 20.12.2019 Ranjeet Sahu