Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 3704 (ALL)

RAKESH KUMAR MISHRA v. STATE OF U.P. AND 4 OTHERS

WRIC/1445/2025 · 2025-02-23

Anjani Kumar Mishra, Jayant Banerji

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:26193-DB Court No. - 3 Case :- WRIT - C No. - 1445 of 2025 Petitioner :- Rakesh Kumar Mishra Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sujeet Kumar Rai Counsel for Respondent :- C.S.C.,Satyam Singh Hon'ble Anjani Kumar Mishra,J. Hon'ble Jayant Banerji,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel and counsel representing respondent nos.4 and 5. 2. The writ petition seeks the following relief: "(i) issue a writ, order or direction in the nature of mandamus directing the respondent no.2, Deputy Commissioner & Deputy Registrar, Cooperative Societies, Kanpur Division, Kanpur, to remove respondent no.5, Satyam Katiyar from the post of Chairman of the Society in question forthwith." 3. Sri Sujeet Kumar Rai, counsel for the petitioner, has submitted that a person, who was not a member of the Society on the relevant date, has wrongly and illegally been elected as Chairman of the Society, which is not permissible. 4. Counsel for the respondents, relying upon Rule 51 of the U.P. Cooperative Societies Rules, 1968, submitted that an elected member can be removed only through an election Suit under Section 70 of the U.P. Cooperative Societies Act, 1965. 5. Under the circumstances and without entering into the merits of the claim of the petitioner, this petition is disposed of granting liberty to the petitioner to avail statutory remedy of filing an election Suit for the redressal of his grievance. Order Date :- 24.2.2025 Irshad Digitally signed by :- IRSHAD AHMAD SIDDIQUI High Court of Judicature at Allahabad