DUGDH UTPADAK SAHAKARI SAMITI LTD Vs. AYUKT NIBANDHAK DUGDH SAHAKARI SAMITIYAN DUGDHSHALA VIKAS
LAWS(ALL)-2001-8-123
HIGH COURT OF ALLAHABAD
Decided on August 09,2001

DUGDH UTPADAK SAHAKARI SAMITI LTD. Appellant
VERSUS
AYUKT / NIBANDHAK, DUGDH SAHAKARI SAMITIYAN DUGDHSHALA VIKAS, U.F., LUCKNOW Respondents

JUDGEMENT

- (1.) Sudhir Naraln, J. The petitioners have sought to quash the amendment made in bye-laws of the society known as Dugdh Utpadak Sahkari Samiti Ltd., petitioner No. 1 (in short the society), by an order passed by the Registrar, Milk Co-operative Society, U.P. Lucknow on 19.4.2001.
(2.) The society is a registered society under the provisions of U.P. Co-operative Societies Act and Rules framed thereunder. It has its own bye-laws. The office bearers of the managing committee of the society are to be elected in accordance with the bye-laws on the society. The last election of the office bearers of the society was held in the year 1998 and the term is expiring on 10.8.2001. The Commissioner / Registrar, Dugdh Sahkari Samitiyan Dugdhshala Vikas Uttar Pradesh, Lucknow, respondent No. 1, has issued notification dated 19.4.2001 by which amendments have been made in the bye-laws of the society. He has approved the impugned bye-law 65 of the society whereby a member of the society shall have no right to vote if he has not supplied milk for 180 days in the preceding co-operative year and minimum 500 liters of milk. The unamended bye law provided that a member shall have no right to vote if he has not supplied milk for 180 days in the preceding co-operative year but the amended bye-law added further condition that such member must have supplied minimum 500 litres of milk.
(3.) We have heard Sri Sudhakar Pandey, learned counsel for the petitioners, and Sri G.D. Mishra, learned counsel for the respondents.;


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