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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 30964 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J.
HON'BLE AMITABH KUMAR RAI, J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents, Sri Mahesh Narayan Mishra, learned counsel for the respondent no.3 and Sri Abhishek Mishra, learned counsel for the respondent no.4. 2. The petitioner, by means of the present writ petition, has assailed the impugned order dated 14.08.2025, passed by the Assistant Commissioner and Assistant Registrar, Cooperative Societies, Bulandshahr, whereby it has been directed that the bank accounts and other financial transactions of the society shall be operated by the signature of the Chairman. 3. Assailing the aforesaid order, learned counsel for the petitioner submits that the petitioner is the Vice-Chairman of the society, which consists of nine directors. Out of these, five directors, including the petitioner are with the petitioner, whereas the remaining four, including respondent no.4 (the Chairman) are with the Chairman. 4. It is further submitted that since the majority of the directors are with the petitioner, respondent no.4 (the Chairman) is unable to get any resolution passed by the Committee of Management. As a result, she has allegedly resorted to a pressure tactic, that unless the resolutions moved by her are passed by the Board, she will not sign any cheques or permit any financial transactions. 5. Be that as it may, it is not disputed that under Section 30 of the U.P. Cooperative Societies Act, 1965, the Chairman of the society is empowered Versus Counsel for Petitioner(s) : Akshara Rai, Sujeet Kumar Rai Counsel for Respondent(s) : Abhishek Mishra, C.S.C. Archana Devi .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
to operate bank accounts and carry out financial transactions on behalf of the society. 6. In such view of the fact, this Court does not find any error or illegality in the order passed by the Assistant Registrar, Cooperative Societies, Bulandshahr, directing that the bank accounts and other financial transactions shall be operated by the Chairman, i.e., respondent no.4. 7. This Court, while exercising jurisdiction under Article 226 of the Constitution of India, cannot issue a direction contrary to the statutory provisions. In view of the aforesaid, this Court finds no merit in the writ petition. It is, accordingly, dismissed.
September 15, 2025 Gaurav WRIC No. 30964 of 2025 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- GAURAV PATEL High Court of Judicature at Allahabad