JUDGMENT B.K. Roy and J.C. Mishra, JJ.
1. Heard Sri H, N. Tripathi, learned counsel appearing on behalf of the petitioner who has come up with a prayer to quash Bye-law No. 31 framed by the Mirzapur Urban Cooperative Bank Limited, Mirzapur.
2. Even though we proceeded to hear him for about twenty five minutes by now, he falls to show that it is contrary to any statutory Rule or any section of the Co-operative Societies Act, He vaguely refers to certain judgment of the Hon'ble Supreme Court to support his proposition without pointing out his fingers to such a judgment of this Court or Hon'ble Supreme Court.
3. On the contrary. Sri H. R. Mishra, learned standing counsel relied upon a judgment of the Supreme Court fn Co-operative Central Bank Limited and others v. Additional Industrial Tribunal. Andhra Pradesh, Hyderabad and others, AIR 1970 SC 245. to support his contention that unless a particular Bye-law is contrary to the Act or the Rules framed thereunder, it cannot be struck down as ultra-vires.
4. We also find that imposition of a condition on its General Members to deposit a sum of Rs. 5.000 and for those belonging to weakers sections a sum of Rs. 500 only in the Co-operative Bank, which is bound to earn interest with liberty for its withdrawal at any time is neither unreasonable nor arbitrary and contrary to the provisions contained in Rule 442 (3) of the Rules.
5. We, accordingly, dismiss this writ petition in limine.