Decided on June 27,2007

Mohd. Sarwaryar Khan S/O Sri Mohd. Sarwatayar Khan Appellant
State Of Uttarakhand Through Secretary Cooperative, Uttarakhand Government And Ors. Respondents


- (1.)BY means of this Writ Petition, moved under Article 226 of the Constitution of India, the petitioner has sought the following reliefs:
I.) Issue a writ, order or direction in the nature of certiorari quashing the order No. 219/XIV -1/2007 dated 23 -03 -2007 and Order dated 24 -03 -2007 (Annexure No. 4 & 5 to the writ petition) passed by respondent No. 1 and 3 to the writ petition.

II.) Issue a writ order or direction in the nature of mandamus directing and commanding the respondent not to interfere in the working of the petitioner as Chairman in Kisan Sewa Shahkari Samiti, Dakshini, Khatima, Udham Singh Nagar till the completion of terms of Committee of Management.

III.) Issue a suitable writ order or direction, which this Hon4ble Court may be deem fit and proper in the circumstances of the case.

IV.) Award the cost of the petition.

(2.)THE case of the petitioner in nutshell is that the petitioner was nominated by the State Government as Director on 29th September, 2004 in the Cooperative Society (respondent No. 5) and thereafter he contested the election of the Chairman of the Society and he was declared elected by the Election Officer as Chairman of the said Society and he took the charge as such. The petitioner has been discharging his duties as Chairman of the Society. The term of the Chairman of the Committee of Management was five years according to the provision of Uttaranchal Cooperative Societies Act, 2003 (hereinafter referred U.C.S.A.). The Committee of Management has not passed any no -confidence motion against the petitioner, as such, he cannot be terminated or he cannot be allowed to cease as Chairman of the said Committee. The respondent Nos. 1 to 4 have passed the impugned order withdrawing the nomination of the petitioner as Director and thereafter he was not permitted to function as a Chairman in the said society. Hence, this petition has been filed by the petitioner.
The respondents have filed counter affidavit alleging therein that the petitioner was admittedly nominated by the Government as Director of the said Society. Thereafter, he was elected as a Chairman of Farmers Fertilizers Cooperative, South Khatima by virtue of being a government nominated member / Director of the Committee of the Management. It was further pleaded that the appointment of the petitioner was under Section 34 (1) of the U.C.S.A. and his nomination was only during the pleasure of the Government and the said nomination was cancelled by the Government Under Section 34 (2) of the U.C.S.A. The natural consequences of the said withdrawal of the pleasure was that the petitioner was also ceased to be a Chairman with immediate effect. The Government was competent to withdraw the nomination of the petitioner as provided under the U.C.S.A. It was further pleaded that under Rule 456(3) of Uttaranchal Societies Rules, 2004, the electoral class for the Chairman and other officer bearer consists of elected and nominated members of the Committee of Management. By virtue, the petitioner being the nominated member/Director, he was appointed as Chairman. It was further pleaded that with the aforesaid withdrawal of the pleasure by the Government, the petitioner ceases to be a nominated member of the society. With the withdrawal by the Government of his earlier nomination, the petitioner lost his qualification to be the Chairman of Farmers Fertilizers Cooperative, South Khatima.

(3.)THE petitioner has also filed the rejoinder affidavit reiterating the same averments which he has made in the writ petition.

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