H.N.Seth, J. - (1.) This is a petition under Art. 226 of the Constitution. Petitioner No. 2 Kaithari Kshetriya Sahkari Samiti Ltd., which is a primary Co-operative Society, is a member of Jalaun District Co-operative Bank Ltd. Jalaun (a central society). The primary society was registered under Co-operative Societies Act 1912 and had framed its own bye-laws in accordance with the provisions of the Co-operative Societies Act, 1912 and the Rules framed thereunder. It also elected a committee of management which was managing its affairs when the Co-operative Societies Act, 1965 (hereinafter referred to as the Act) came into force with effect from 26th of January 1968. The Act required all the Co-operative Societies, which were in existence before it came into force, to amend their bye-laws and to constitute is committee of management so as to being them in accordance with the Act and the Rules framed thereunder.
(2.) Petitioner No. 1, Sri Ram Swarup Dubey, was a delegate to the District Co-operative Bank Ltd., Jalaun (Central Society) as representing Kaithari Kshetriya Sahkari Samiti Ltd., and Sedan Sahkari Samit. In the year 1971 he was elected as Chairman of the Central Society. Due to certain reasons, details of which have been mentioned in the petition, Sri Daya Shanker Singh, District Assistant Registrar Co-operative Society, Jalaun became annoyed with petitioner No. 1 and wanted to oust him from the Chairmanship of the Central Society. With that end in view, he passed an order on 14th August 1972, purporting to exercise his power under Sec. 29(5) of the Act, and nominated a committee of management consisting of respondents 5 to 13, for managing the affairs of Kaithari Kshetriya Sahkari Sdmiti Ltd. After nominating the new committee, respondent No. 1 addressed a letter dated 18-8-1972 to the Secretary, Jalaun District Co-operative Bank Ltd. (Central Society) stating that the members of the Kaithari Kshetriya Sahkari Samiti Ltd. had passed a resolution on 14th of August, 1972 withdrawing its representation through petitioner No. 1, Ram Swarup Dubey. As a result of this, Sri Dubey had ceased to be a member of the Bank and immediate actions in accordance with law be taken immediately.
(3.) The petitioners contend that the action taken by respondent No. 1, in nominating a Committee of management under Sec. 29(5) of the Act, is wholly without jurisdiction. Consequently the resolution said to have been passed by the Committee of management, as nominated by respondent No. 1, on 14th of August 1972, withdrawing the right of petitioner No. 1 to represent the Society before the Jalaun District Co-operative Bank is also completely without jurisdiction. As a result of the communication made by respondent No. 1, Secretary of the Jalaut; District Co-operative Bank Ltd. convened a meeting of the Board of Directors for 13th of September, 1972 Tor considering the effect of the resolution withdrawing the right of the petitioner to represent Kaithari Kshetriya Sahkari Samiti.;