NARENDRA NATH TIWARI, J. - (1.) IN this writ petition, the petitioner has challenged the order dated 29.6.2009 (Annexure -7) passed by the Registrar, Co -operative Societies, Jharkhand in Misc. Case No. 1/2005.
(2.) The petitioner has challenged the said order on the ground that learned Registrar, Co -operative Societies, Jharkhand has not taken into consideration the relevant aspects and the bye -laws of the Co -operative Societies and has picked up a resolution to hold that the Board of Director has power to do all the things, which may deem necessary or expedient and on that basis to change the allotment from plot to flat. Learned counsel for the petitioner submitted that the said resolution of the Board of Director is contrary to the main aims and objects of the Co -operative Societies and the same cannot override the bye -laws, which have been framed for achieving the aims and objects of the Co -operative Societies. Learned Registrar has not taken into consideration the said aspect and has relied on the said resolution to come to his conclusion. The impugned order of learned Registrar is, thus, lop sided, illegal and is liable to be quashed.
(3.) I have heard learned counsel for the petitioner and considered the facts and materials on record. I have also perused the impugned order.;