Hon'ble A.P. Sahi, J Hon'ble M.C. Tripathi, J The petitioner is aggrieved by the order passed by the Joint Registrar dated 24.12.2013, Annexure-1 to the writ petition on the ground that the order is erroneous on various grounds and facts as well as in law.
Sri K.N. Mishra for the respondent - bank has raised a preliminary objection that the impugned order is appealable in terms of Section 98 (1) (d) of the U.P. Cooperative Societies Act, 1965, and, therefore, the petition should not be entertained.
We have perused the records and we find that the order of the Registrar is an outcome of a Division Bench judgment dated 11.1.2012 between the same parties in Writ Petition No.48177 of 2011, reported in (2012) 1 UPLBEC 798. The authority of the Registrar to hear the matter and dispose of the issue of disqualification was found to be within the jurisdiction of the Registrar in terms of Section 38 of the 1965 Act.
In Section 2 (o), an Officer of the Cooperative Society has been defined which also includes a Member of Committee of Management. The provisions are extracted hereunder for ready reference:-
"(o) "Officer of a co-operative society" means the president, vice-president, chairman, vice-chairman, secretary, member of committee of management, treasurer, liquidator, administrator or any other persons employed by co-operative society whether with or without remuneration to carry on the business of the society or to supervise its affairs."
Consequently, the Division Bench upon an interpretation of Section 38 readwith Section 29 of the Act came to the conclusion that the Registrar has the authority to enter into such a question and accordingly, the Joint Registrar, who had issued the notices, was directed to dispose of the matter finally.
As a consequence of the aforesaid direction of the High Court, the impugned order has been passed. The same can be subjected to a challenge through an appeal as urged by Sri Misra. The provisions of Section 98 (1) (d) are extracted hereunder:-
"98 (1)(d). an order of the Registrar under sub-section (2) of Section 27 expelling or removing a member or under sub-section (2) of Section 38 removing or disqualifying any officer of a co-operative Society."
The said provision makes it amply clear that an order such as that passed under Section 38 in the present case is appealable and, therefore, the preliminary objection raised by Sri Mishra is upheld.
The writ petition is dismissed on the ground of availability of alternative remedy.
Dt. 29.1.2014 Irshad