K.N.Seth, J. - (1.) This petition is directed against the notice dated 19th November, 1979 issued by the Deputy Registrar, Co-operative Societies, Gorakhpur Division, Gorakhpur, under Section 35(1) of the U.P. Co-operative Societies Act, 1965 (hereinafter referred to as the Act) calling upon the Committee of Management of the District Co-operative Bank Ltd., Basti, to show cause why it be not superseded and against the order of the same authority dated 20th November, 1979 passed in exercise of powers under Section 35-A, (J) directing the Chairman and all members of the Committee of Management of the said Societies to vacate their respective offices and entrusting the management of the affairs of the Societies to Sri B. P. Singh, the Assistant Registrar, Co-operative Societies. Baiti. During the course of hearing only the validity of the order passed under Section 35 A (3) was challenged before us.
(2.) Originally the petition was filed by the Committee of Management of the District Co-operative Bank Ltd., Basti. Today an application was moved for amendment of the petition by impleading Sri Ajai Singh, Chairman of the Committee of Management and Sri Virenora Bahadur Singh, Smt. Raieshwari Devi, Sri lshwar Chand Shukla and Sri Lal Devendra Bahadur Pal, Members of the Committee of Management as petitioners no. 2 to 6 in the petition. That application has been allowed by a separate order.
(3.) The District Co-operative Bank Ltd., Basti, is a registered body governed by the Act and the Rules framed thereunder. The bank has many societies as members who take loans from the bank according to their individual shares for disbursement amongst their members. Sri Ajai Singh and Sri Arjun Singa were elected Chairman and Vice-Chairman respectively and 11 persons, including petitioners nos. 3 to 6, were elected Directors of the Committee of Management. Their term of office still continues. A notice dated 19th November, 1979 under Section 35 (1) of the Act was issued by the Deputy Registrar, Co-operative Societies to the Committee of Management requiring it to submit its explanation within a month to the charges set out in the notice. It was followed by an order of the Deputy Registrar dated 20th November, 1979 purported to have been made in exercise of powers under Section 35-A (3) of the Act which has been impugned in this petition.;