Court No. - 2
Case :- WRIT - A No. - 9162 of 2018 Petitioner :- Kapil Kumar Chaudhary Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Ashok Kumar Lal,Deepak Kumar Jaiswal Counsel for Respondent :- C.S.C.
Hon'ble Ram Surat Ram (Maurya),J.
Heard Sri Ashok Kumar Lal for the petitioner, Standing Counsel for respondents-1 to 5 and Sri D.K. Jaiswal for respondent-7.
This writ petition has been filed against the order of Director, Fisheries (respondent-2) dated 23.2.2018, by which the petitioner has been removed from the post of Secretary of Matsya Jivi Sahkari Samiti Ltd., Panchenda Kalan, vikas Khand Kukara, district Muzzafar Nagar (respondent-6).
A short argument has been raised by counsel for the petitioner that the petitioner is being removed on the ground that wife of the petitioner was elected as Director of the Society, therefore, appointment of the petitioner in the Society is in violation of Rule 124 of U.P. Cooperative Societies Rules 1968. Counsel for the petitioner submits that the petitioner was appointed on 26.9.2012, while wife of the petitioner was elected as office bearer in the Committee of Management of the Society on 30.9.2014, as such, provisions of Section 124 of U.P. Cooperative Societies Rules 1968 is attracted. Relevant part of Rule 124 of U.P. Cooperative Societies Rules 1968 is quoted below: -
"124 (1) No cooperative society shall appoint any person as its secretary who who does not possess the qualifications laid down under Section 120, or who fails to furnish the security as may, if any, be required under that Section or who is a near relation of a member of the Committee of Management of the society. Every such appointment shall b e subject to the regulations, if any, framed under Section 121 or 122."
Thus, a perusal of Rule 124(1) shows that it casts a restriction in the right of Committee of Management to appoint his near relations in the Society. In the present case, at the time of appointment of the petitioner, no near relation of the petitioner was office bearer in the Committee of Management. Thus, the appointment of petitioner cannot be said to be in violation of Rule 124 of U.P. Cooperative Societies Rules 1968. Subsequent election of wife of the petitioner as Director of Committee of Management, does not attract Rule 124 of U.P. Cooperative Societies Rules 1968.
In the result, the writ petition succeeds and is allowed. Order of Director, Fisheries (respodneont-2) dated 23.2.2018, is set aside. However, it shall be open for the Committee of Management to take any disciplinary proceeding against the petitioner, if required.
Order Date :- 30.3.2018 Jaideep/-