VEERPAL SINGH versus REGISTRAR, COOPERATIVE SOCIETIES, U.P. & ORS.

VEERPAL SINGH versus REGISTRAR, COOPERATIVE SOCIETIES, U.P. & ORS.

Registrar cannot suspend committee of management or appoint administrator under section 35(2) unless proceedings for supersession are properly initiated as per section 35(1).

Parties
Petitioner/appellant: Veerpal Singh; Respondents: Registrar, Cooperative Societies, U.P. & Ors.
Jurisdiction
India
Judgment Date
22 January 1973
Procedural Posture
Writ Petition and Civil Appeal / Supreme Court Decision on Writ Petition and Appeal After Dismissal by Allahabad High Court
Outcome
Appeal and writ petition allowed; decision of Deputy Registrar quashed.
Legal Topics
Suspension and Supersession of Management, Appointment of Administrator, Procedural Requirements Under Cooperative Societies Act
Administrative Law Cooperative Societies Law Constitutional Law Suspension and Supersession of Management Appointment of Administrator Procedural Requirements Under Cooperative Societies Act

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Parties

Veerpal Singh

Petitioner/appellant

Registrar, Cooperative Societies, U.P. & Ors.

Respondents

Procedural Posture

Writ Petition and Civil Appeal / Supreme Court Decision on Writ Petition and Appeal After Dismissal by Allahabad High Court

Legal Issues

  1. 1 Whether the Deputy Registrar could suspend the President and the committee of management under the Cooperative Societies Act, 1965
  2. 2 Whether appointment of an administrator during the interim period was valid

Ratio Decidendi

Registrar cannot suspend committee of management or appoint administrator under section 35(2) unless proceedings for supersession are properly initiated as per section 35(1).

Court Disposition

Appeal and writ petition allowed; decision of Deputy Registrar quashed.

Orders

  • Order of Deputy Registrar dated 14 July, 1971 is set aside and quashed.
  • Parties to bear their own costs.