R.K.Mahajan, J. - (1.) This is a writ petition in the nature of certiorari quashing the order of the respondent No. 1 dated 17.4.1997 and the order dated 5.2.1994 passed by respondent No. 2 filed as annexure-6 and 5 to the writ petition respectively. It is also prayed that a direction in the nature of mandamus be issued directing the respondent No. 2 to try the suit on merit in accordance with law.
(2.) Strange type of litigation's are filed in the lower court. In the garb of that, a civil right to continue in the office of Secretary of the society is claimed. The relief claimed in the suit is that the respondents should not interfere in the working of the petitioner as Secretary and declaration be granted to this effect. The suit has been filed by the petitioner that he is entitled to continue as Secretary. The trial court non-suited the plaintiff on the ground that the suit is barred under Sections 70 and 111 of the U.P. Co-operative Societies Act (hereinafter referred to as the Act). The objection of the respondents regarding the jurisdiction was maintained by the trial court as well as by the appellate court by passing the impugned orders. Feeling aggrieved thereby, the petitioner filed the instant writ petition.
(3.) Sri A.K. Yog, Advocate, assisted by Sri H.M.B. Sinha appeared for the petitioner and Sri Govind Krishna, Advocate, learned counsel for the caveator-respondents put in appearance on behalf of Chaudhary Chaman Singh, Chairman, G.I.D.C. I have heard the learned counsel for the parties at great length.;