High Court · 2025 on 20 Aug 2025

Judgment

1. Petitioner before this Court has claimed that he was appointed as Secretary of a Society viz. Suraksha Gramin Sahakari Awas Samiti Ltd. in terms of a proposal adopted by elected Members of Society held on 22.07.2005 and on same day, Chairman of said Samiti issued letter of appointment.

2. It is further case of petitioner that in pursuance of fresh election held on 10.07.2009, newly elected Committee by its resolution dated 18.07.2009 elected petitioner to continue as Secretary of respondent Samiti.

3. It is further case of petitioner that after subsequent election held on 13.02.2013, on basis of a resolution dated 25.02.2013, he was again appointed as Secretary of said Samiti.

4. According to averments made in present Writ Petition, the Deputy Commissioner/Deputy Registrar, Agra Region, Agra by an order dated 04.09.2014 cancelled registration of concerned Samiti.

Said order was challenged before the Appellate Authority and the Appeal was allowed vide order dated 13.06.2022 and matter was remanded back to Registrar for fresh consideration. Outcome of remand is not on record.

5. In above background, the Joint Commissioner/Joint Registrar, Agra Region, Agra vide order dated 07.07.2022 appointed an Interim Committee comprising Additional District Cooperative Officer, Sadar, Agra, Assistant Development Officer (Cooperative), Vikas Khand Akhola, Agra and Deputy Collector, Sadar, Agra.

6. It is further case of petitioner that since elections were not notified to constitute a new Committee of respondent Samiti, he has approached this Court by way of filing Writ A No. 35879/2022. Aforesaid writ petition was dismissed as infructuous since Election Commission has meanwhile fixed dates for fresh election.

7. Subsequently, another writ petition being Writ C No. 1441 of 2023 was filed on behalf of Samiti and it was disposed of vide order dated 24.01.2023 without any specific direction.

8. Meanwhile, a complaint was filed against the petitioner in respect of irregularities committed in execution of sale deed while petitioner was Secretary of concerned Samiti. Similar nature of complaint was filed earlier also by Shyam Singh Chahar on

02.11.2022 on which a report dated 14.10.2022 was submitted by Assistant Commissioner/Assistant Registrar, Agra Region, Agra wherein it was observed that nature of allegations could be agitated or decided by a Civil Court only.

9. In aforesaid circumstances, the District Magistrate passed an order and accordingly a 2 Members’ Committee comprising Additional District Magistrate (Admin.) and Assistant Registrar was constituted to conduct an inquiry on 7 issues. The said Committee submitted a report dated 18.01.2023 after grating an 2 opportunity of hearing to petitioner which he availed, whereby appointment of the petitioner on post of Secretary was doubted, however, allegations in regard to sale of property was concerned, it was observed that it would be decided by a competent Civil Court.

10. Joint Commissioner/Joint Registrar, Agra Region, Agra on basis of above referred report of 2 Members’ Committee dated

18.01.2023 passed impugned order on 20.01.2023 whereby taking note that petitioner’s appointment as Secretary was under doubt and irregular, therefore, it was directed that till fresh election is conducted, petitioner may not act as Secretary and it was also directed that appropriate proceedings be initiated against him in terms of provisions of U.P. Sahakari Samiti Adhiniyam, 1965 read with Rules of 1968. It was also directed that in place of petitioner, some government official be appointed.

11. Aforesaid order is impugned in this writ petition.

12. Initially, the Coordinate Bench of this Court has passed following interim order on 21.02.2023 :- “Heard Sri H. R. Mishra, learned Senior Advocate, assisted by Sri Pradeep Kumar Rai, learned counsel for the petitioner, learned standing counsel for the respondent Nos 1 to 4 and Sri Virendra Singh as proposed counsel for the respondent No. 5. Learned Senior Advocate submitted that petitioner was appointed as Secretary vide Resolution dated 23.02.2013 by the committee of management of the Society. He also pointed out that registration of committee was withdrawn vide order dated 04.09.2014. The petitioner in the capacity of Secretary, filed appeal before the Appellate Authority and the Appellate Authority by its order dated 13.06.2022 allowed the appeal and set aside the order dated 04.09.2014. Therefore, there 3 is no dispute on the point that petitioner has been working as Secretary since 23.02.2013. Learned Senior Advocate also raised pointed query and submitted that impugned order dated 20.01.2023 has been passed upon the inquiry initiated by District Magistrate and conducted by Addl. District Magistrate(Administration), Agra, Assistant Commissioner and Assistant Registrar, Agra. He firmly submitted that impugned order has been passed by respondent No. 2 pursuant to inquiry report dated 18.01.2023 and under the provisions of U.P. Co-operative Societies Act, 1965 (hereinafter, referred to as, 'Act of 1965), neither District Magistrate is having the power to conduct inquiry against the petitioner, nor respondent No. 2 is having power to pass order against the petitioner. He next submitted that Section 31 of the Act of 1965 provides that Secretary has to be appointed and removed by the Society itself and Section 38 of the Act of 1965 provides powers to Registrar for removal of office bearer with certain conditions. But, in the present case, provisions of Section 38 of the Act of 1965 has not been followed. Therefore, impugned order dated 20.01.2023 depriving the petitioner from functioning as Secretary is bad and liable to be set aside. Matter requires consideration. Issue notice to respondent No. 5, returnable within six weeks. Steps be taken within a week. Sri Virendra Singh, Advocate, has filed impleadment application alongwith counter affidavit, which shall be decided on on the next date fixed. List this case on 11.04.2023. Until further orders, impugned order dated 20.01.2023 shall remain stayed, with condition that till the election of committee of management, petitioner shall not execute any sale deed, nor shall take any policy decision, except day to day functioning, like payment of salary etc. if required. ” 4

13. Aforesaid order was challenged at the behest of respondent Samiti through a member (complainant) by way of a Special Appeal (D) No. 229/2023 which was disposed of vide order dated

05.04.2023 whereby interim order was set aside and matter was directed to be heard on merit by Single Bench.

14. Aforesaid order dated 05.04.2023 was challenged at the behest of petitioner before the Supreme Court in Special Leave Petition No. 9199/2023 which was dismissed vide order dated

06.11.2023 with an observation that present writ petition be heard by the Court expeditiously.

15. In aforesaid circumstances, present writ petition is being heard finally.

16. Sri H.R. Mishra, learned Senior Advocate assisted by Sri Swatantra Pratap Singh, learned counsel for petitioner has submitted that :- (a) District Magistrate has no authority to conduct directly an inquiry in the working of a cooperative society. (b) The petitioner was appointed by a elected Committee and his tenure will be continue till next Committee is formed and elected member will decide to continue him or not. (c) The observations made by a 2 Members’ Committee report and the impugned order was based on assumption. No categorical finding was returned that petitioner’s initial appointment as Secretary was illegal. 5 (d) The impugned order being illegal per se is liable to be set aside.

17. Learned Standing Counsel for State has referred paragraph 6 of the counter affidavit which is quoted below :- “That the contents of paragraph nos. 6 and 7 of the writ petition, as stated, are not admitted, hence vehemently denied. In reply, it is submitted that upon the complaint made by Sri Shyam Singh Chahar son of late Sri Jugendra Singh Chahar dated 02.11.2022, the District Magistrate, Agra constituted two members enquiry committee namely the Additional Magistrate District (Administration), Agra and the then Assistant Commissioner and Assistant Registrar Cooperatives, Agra. The said enquiry committee conducted the enquiry and on the basis of the written statement provided by the petitioner and the complainant Sri Shyam Singh Chahar as well as the records provided by Smt. Nirmala Chaudhary wife of late Hari Singh, the Former Secretary of the Society, submitted enquiry report dated 18.01.2023. According to the said enquiry report, it has been found that annual general meeting of the Society was conducted on 05.12.2004, in which the then Secretary Sri Hari Singh was dispensed with and in his place the petitioner was appointed as the Secretary of the Society by means of Resolution No.2. It may be stated here that as per Rule-90 of the U.P. Cooperative Societies Rules, 1968, there is specific provision to take a permission from the Registrar to conduct/hold the annual general meeting after 30th November or 31st Dec. of the year. The said annual general meeting dated 05.12.2004 was conducted in gross contravention of Rule-90 of the Rules, 1968, inasmuch, as any permission was not taken for conducting the said meeting. It is stated here that on the basis of the aforesaid enquiry report dated 18.01.2023, the Joint Commissioner and Joint Registrar, Cooperative, Agra Division, Agra sent the impugned letter dated 20.1.2023 directing the then Assistant Commissioner/Assistant Registrar Cooperatives to dispense with the petitioner from the charge of Secretary and authorize to any subordinate officer of the department to hold 6 the post of the Secretary of the Society. The then Assistant Commissioner and Assistant Registrar Cooperatives authorized to the Assistant Development Officer (Cooperatives) Block Barauli Ahir to holed the office of the Secretary of the Society as an alterative arrangement, which is absolutely appropriate and justice.”

18. Sri R.K. Ojha, learned Senior Advocate assisted by S/Sri Dinesh Tiwari and Virendra Singh, learned counsel appearing for complainant/applicant in impleadment application has submitted following paragraphs of the application :- “7. That, aforesaid society was registered on 12.6.1990. Sri Hari Singh was its Secretary. The registration of same was cancelled on 27.5.2000 which was set aside on 26.10.2004. The registration of society was again cancelled on 4.9.2014, against which appeal was filed, the appeal was allowed on 30.5.2022. when the appeal was pending, the respondent no.5 filed an application that Κ.Ρ. Yadav petitioner has illegally without any authority executed three sale deeds of society between 12.12.2001 to 21.2.2022 and illegally misappropriated the property and money of society. On that application, the appellate authority has passed the order while reviving the registration of society and directed for enquiry on the petitioners' application dated 25.5.2022. This order was passed on 13.6.2022.

10. That, F.I.R. crime no. 611/2022 u/s 420, 408, 467, 468, 471, 120-B IPC was lodged at Sadar Bazar, Agra against petitioner in respect of execution of illegal sale deeds of society's plots by petitioner in which petitioner filed Crl. Writ Petition No. 8716/2022 in which no protection was given to petitioner and other persons who purchased the plots of society in respect of which sale deed was executed by petitioner.

12. That, petitioner by using his power after obtaining forged report of audit of balance sheet, approached the Election Commission who without considering the reports and enquiry which was already going on against him, illegally passed the order for holding the 7 election. This order was passed on 30.12.2022 by Chief election Commissioner. letter

14. That, the respondent no.5 approached the 4. Election Commission along with report dated submitted 18.1.2023 by Joint enquiry committee, the order of Joint Commissioner and Joint Registrar dated 20.1.2023, the order of Addl. Commissioner/Addl. Registrar dated Addl. 20.1.2023, Commissioner/Addl. Registrar sent to State govt. on 20.1.2023 and correct audit report of only seven committee, the letter of Asst. Commissioner dated 12.12.2022 to District Audit Officer and letter of Asst. Commissioner dated 12.12.2022 and the letter of District Audit Officer dated 21.2.2023 and 23.1.2023 and also made representation before Election Commissioner. The of Election Commissioner after considering the same, passed the order on 31.1.2023 postponing/suspending the Election committee of management since there is serious irregularity in respect of post of Secretary of the society.”

19. Heard learned counsel for parties and perused the records.

20. There are serious allegations against the petitioner that he has misused the position of Secretary of the Cooperative Society and for that a proper inquiry is required. The initial appointment of petitioner is also doubted and by the impugned order, petitioner was removed from the post of Secretary for conducting fair elections. The order will not bar to consider his name for Secretary of newly elected Committee and for that it is directed that election process be expedited.

21. The appointment of petitioner as Secretary in normal circumstances will come to an end when term of elected Committee expires except to conduct remaining work with permission or direction of Registrar. No such direction or permission is placed on record. 8

22. The petitioner has no reason that due to impugned order, he has suffered any adverse order or it has adverse implication. It is only an ad-interim measure.

23. In case any inquiry is conducted against the petitioner, he shall be given an opportunity to explain his conduct. The 2 Members’ Committee was constituted by Additional District Magistrate (Admin.) and Assistant Registrar, therefore, its constitution is not per se illegal. Otherwise also, its report is not under challenge. The impugned order is passed by Joint Commissioner/Joint Registrar, Agra Region, Agra who is a competent Authority to pass such order.

24. In view of above circumstances, this Court does not find any ground to interfere in impugned order, hence, prayer for quashing impugned order is rejected.

25. However, this writ petition is disposed of with above referred observations and directions. Order Date :- August 20, 2025 N. Sinha [Saurabh Shyam Shamshery, J.] NIRMAL SINHA High Court of Judicature at Allahabad 9