- (1.) We have heard learned counsel for parties and perused the pleadings of writ petition.
(2.) Brief facts leading to filing of this writ petition are as: AJPA Parishad Sahkari Awas Samiti Ltd. (hereinafter referred to as 'society') GH 1/11, Sector 11, Vasundhara, Ghaziabad, U.P. is a registered Cooperative Housing Society having its registration no. 2087 dated 24.02.1995 and petitioner herein is a member of society having membership no. 786. The said society is governed by the U.P. Cooperative Societies Act, 1965 (hereinafter referred to as 'Act 1965') and the U.P. Cooperative Societies Rules, 1968 (hereinafter referred to as 'Rules 1968') and the bye-laws of society. The election of the Committee of Management was held in society in the year 2010 and thus the committee started functioning in society thereafter. The Additional Housing Commissioner vide order dated 17.02.20111 suspended the said management committee on false and flimsy grounds and initiated proceeding under Section 35 of the Act, 1965 for its supersession. The said action was done only in order to take the control of society in his own hands through his subordinate officer, who was appointed as Administrator of society. Thereafter, the management committee was superseded by the order dated 4.10.2011 of the Joint Housing Commissioner, U.P. Awas Evam Vikas Parishad, Lucknow.
(3.) The said management committee of society preferred an statutory appeal before the Cooperative Tribunal, U.P. bearing Appeal No. 1/2012 which was allowed vide judgment and order dated 24.5.2012 with a direction to opposite party no. 1 that he may pass fresh order on the allegations levelled against society after giving due hearing to the parties concerned. While the said matter was pending before opposite party no. 1 the State Government vide an Ordinance No. 716/79 vi-1-12-2(Ka) 6/2012 amended Section 29(2) of the Act, 1965 whereby the term of the committee of management of Cooperative Societies in U.P. was reduced to two years. Due to promulgation of the said ordinance, the term of management committee of society was automatically truncated on 19.10.2012.;