Yatindra Singh, J. - (1.) The main question involved in these writ petitions relates to the interpretation and scope of section 29(5) of the UP Co-operative Societies Act, 1965 (the Act) and deals with the considerations/factors governing discretion of the Registrar while appointing an Administrator or the Committee of Administrators under section 29(5)(b) of the Act. These points arises as the appointments of private persons as Administrators and in the committee of Administrators under section 29(5)(b) of the Act are challenged in these writ petitions. THE FACTS
(2.) A co-operative society {section 2(f) of the Act} means a co-operative society registered under the Act. Chapter III of the Act deals with 'MEMBERS OF CO-OPERATIVE SOCIETIES AND THEIR RIGHTS AND LIABILITIES'. Section 17 of this Chapter explains who can be members of a co-operative society. It shows that not only an individual (natural person) can be member of a co-operative society but State government, or Central Government, or firms, or other incorporated bodies (including cooperative bodies), or even un-incorporated bodies (if approved by the Registrar) can be member of a co-operative society.
(3.) Members for promotion of their economic interest may form a co-operative society (section 4 of the Act) in accordance with co-operative principles. Co-operative societies are broadly divided into three tiers. (i) Primary society (ii) Central society or central co-operative society. (iii) Apex Society, or Apex level society, or state level co-operative society.;