V.K.Khanna, J. - (1.) Petitioner No. 1 is a Co-operative Housing Society registered under the U. P. Co-operative Societies Act (hereinafter referred to as the Act) and by means of the present writ petition it was challenged the action of the Assistant Housing Commissioner/Assistant Registrar, U.,P. Avas Evam Vikas Prishad, Lucknow, respondent No. 3, in superseding the Committee of Management in exercise of power under Section 29 (4) of the Act. It has been alleged in the writ petition that the Committee of Management of petitioner No. 1 was selected on 20th July, 1986 and in view of the provisions of the Act and the rules framed thereunder the term of the Committee of Management had not come to an end on the date of passing of the order of respondent No. 3.
(2.) At the admission stage the contesting respondents have been served and the parties have exchanged counter and rejoinder affidavits. The present writ petition is thus being finally disposed of in accordance with the Rule's of the Court.
(3.) According to the counter-affidavit filed on behalf of the contesting respondents, there was no election of the Committee of Management of petitioner No. 1. It has bean alleged that only a provisional Committee of Management was functioning aad there was no Annual General Meeting of petitioner No. 1 in which has required by the provisions of the Act and the Rules framed thereunder the election to elect the first Committee of Management had taken place. The respondents in the present writ "petition very specifically took up the case that it is not the elected Committee of Management which has been superseded but the provisional Committee of Management which had come in existence after the registration of the Society on 25th April, 1986.;