- (1.) Heard counsel for the parties.
(2.) The elections of the office bearers of the Kisan Sewa Sahkari Samiti, Baseda, district Muzaffarnagar were held on 9.7.2009. These elections were upset by the Up-Ziladhikari, Sadar, Muzaffarnagar on a reference being made under Section 71 read with Rule 230, Clause (2) of the U.P. Co-operative Societies Act. 1965 and Rules framed thereunder only on the ground that before finalising the electoral college for the purpose, appropriate decision with Section 20 (aaa) of the U.P. Cooperative Societies Act, 1965 had not been taken. According to the authority concerned in absence of exclusion of persons from electoral college as required under Section 20 (aaa) of the U.P. Co-operative Societies Act, the determination of the electoral college is rendered illegal.
(3.) Not being satisfied with the order so passed by the Arbitrator/Up-Ziladhikari dated 19.3.2010, the private Respondents No. 7 to 19 preferred an appeal under Section 98 (A) of the Co-operative Societies Act.;