Anshuman Singh, D.P.S. Chauhan, JJ. - (1.) The case in the present petition is a classic instance of betrayal of faith reposed by the Legislature in the Registrar, Co-operative Societies, Uttar Pradesh.
(2.) The Co-operative movement is antithesis of the rule "might is right". It has its origin to poverty and to the desire for some way-out of all the desires and hardships that poverty entailed. It, intact, is a movement of the people, promoted by statutory process, and not merely a department of administration. State of U.P. as empowered under Entry 32, List II of VII Schedule of the Constitution framed the Act known as U.P. Co-operative Societies Act, 3965 (for brevity hereinafter referred to as the Act) for the purpose of growth of the cooperative movement which also occupies important place under the Constitution as the cooperative societies under Entry 32, List II of VII Schedule of the Constitution are treated as a separate subject, independent of other corporations trading or otherwise and the promotion of the cooperative movement is one of the directive principle of State policy under Article 42 of the Constitution. Not only this it has also been given a place of providing seat by nomination in the composition of legislative council under Article 171 of the Constitution, inter alia, the persons having special knowledge or practical experience in respect of the cooperative movement. While inaugurating the conference of state ministers for cooperation at New Delhi on October, 1961, the then Prime Minister, Pandit Jawahar Lal Nehru, emphasised : "Co-operation is not Governmental Control. Nothing can be more fatal than Governmental Control which is the embrace of death." He further observed - "If you examine the state of afFairs in India today, you will find this demonstrated. Where people, non-Governmental people have taken a lead have developed themselves, the movement has flourished and grown. Where it has been a kind of nursing by the Government and it does nursing all the time and it spite of growth, it is not growth , It will repeat. I will go on repeating. I dislike the association of Government in cooperation except as an agency is helping in funds etc."
(3.) It can be taken judicial note that State of affairs so far as the cooperative movement is concerned have gone from had to worse and for its survival it has to be taken care of.;