PRADEEP KANT, AJAI KUMAR SINGH, JJ. - (1.) AFTER herring the parties Counsel application filed by Sri Rakesh Srivastava is allowed.
(2.) LET Shivraj Singh be impleaded as respondent No. 2 to the writ petition. The argument of the learned Counsel for the petitioner that vide order dated 1.1.2004 passed by the Committee of Management of the Society the petitioner was removed from the membership of the society and was not expelled and that, therefore, impugned order dated 23.1.2007 passed by the Registrar, removing form the membership of the society and also from the offices which he is holding in the Committee of Management has been passed on the misconception that the petitioner was expelled under Section 27 (1) of the U.P. Cooperative Societies Act. His submission is that under Section 27 both namely removal and expulsion of a member of the society has been provided and since the resolution passed by the Committee of Management and the order passed thereon clearly say that the petitioner be removed ('Hata Diya ]aye'), therefore, the Registrar could not have taken it as an order of expulsion from membership.
(3.) SRI Rakesh Srivastava appearing for the newly added party in response submitted that mere use of word "Hata Diya Jaye" in the resolution as, well as in the order passed by the Committee of Management and thereafter also in the impugned order passed by the Registrar would not necessarily and compulsorily mean that it is not a case of expulsion from the membership of the society. His submission is that it is the substance of the order and the Rule under which it has been passed coupled with the grounds on which the order has been passed would be relevant to determine the question as to whether it is an order of simple removal from membership or expulsion from membership.;