ARUN TANDON, J. - (1.) HEARD learned Counsel for the petitioners, Sri Mansoor Ahmad, learned Counsel for the respondent Nos. 2 and 6 and learned Standing Counsel for respondent Nos. 1, 3 to 5.
(2.) NO notice is being issued to private respondent in view of the order proposed to be passed today. Petitioner before this Court is the Committee of Management of Cane Development Society, Bijnore. Feeling aggrieved by the order passed by the Cane Commissioner/Registrar dated 27th November, 2008 under Section 35(2), of the Cooperative Societies Act, 1995 (hereinafter referred to as the 'Act, 1965') whereby the petitioner-Committee of Management was suspended pending enquiry into the allegations, petitioner filed Writ Petition No. 282 of 2009 before this Court. The writ petition was dismissed vide judgment and order dated 9th February, 2009 after recording that against the order of suppression, Committee of Management can file an appeal under Section 98(e) of the Act, 1965. The Division Bench of this Court observed that petitioner may seek his alternative remedy.
(3.) PETITIONER filed an appeal under Section 98(e) of Act, 1965 before the U.P. Cooperative Tribunal, Lucknow. The Cooperative Tribunal by means of the order dated 23rd March, 2009 has rejected the appeal filed by the petitioners Committee of Management on the ground that same is legally not maintainable, on the ground that against the order of suspension of the Committee of Management pending proceedings for suspension no appeal under Section 98(e) of Act, 1965 has been provided for. This order of the Tribunal is being challenged by means of the present writ petition.;