Govind Singh Bisht vs State Of Uttarakhand & Others on 8 July, 2026

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    Uttarakhand High Court

    Govind Singh Bisht vs State Of Uttarakhand & Others on 8 July, 2026

    Author: Manoj Kumar Tiwari

    Bench: Manoj Kumar Tiwari

                                                      UKHC010109292026
    
    
    
                                                                       2026:UHC:5525
    
    
    IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
           Writ Petition (M/S) No. 1941 of 2026
    
    Govind Singh Bisht                                          ... Petitioner
    
                                  Versus
    
    State of Uttarakhand & Others                          ... Respondents
    
       Mr. Ravindra Garia, Advocate, i/b Mr. D.S. Mehta, Advocate for the
       petitioner.
       Mr. Yogesh Pandey, Deputy AG, for the State.
       Mr. N.S. Pundir, Advocate, for the respondent no. 5 and 7.
       Ms. Ruchika Negi, Advocate, i/b Mr. Sandeep Kothari, Advocate for
       the respondent no. 6.
    
    
                       JUDGMENT
    

    Hon’ble Manoj Kumar Tiwari, J.

    Petitioner is member of a Primary
    Cooperative Society and he claims to be elected as
    Delegate to represent the society in the Electoral
    College constituted for holding election to
    reconstitute Committee of Management of a Central
    Society, namely, Nainital District Cooperative Bank
    Ltd. (hereinafter referred to as the ‘Bank’).
    Petitioner is challenging order dated 9.6.2026,
    passed by Registrar, Cooperative Societies,
    Uttarakhand. By the said order, an officer of
    Cooperative Department holding the position of
    Joint Registrar, was appointed as Administrator to
    look after the affairs of the Bank. Perusal of said
    order indicates that the officer, who is now
    appointed as Administrator, will replace the Chief
    Development Officer, Nainital, as he is not able to

    SPONSORED

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    devote sufficient time to manage affairs of the
    Bank.

    2. It is the contention of petitioner that term
    of the elected Committee of Management of the
    Bank came to an end on 10.12.2023 and Chief
    Development Officer, Nainital was appointed as
    Administrator, vide order dated 11.12.2023.
    Learned Counsel for the petitioner contends that in
    view of provision contained in Section 29(7) of
    Uttarakhand Cooperative Societies Act,
    Administrator cannot hold office beyond one year
    and six months from the date he is appointed. He
    further submits that Section 29(7) of the Act
    ordains that election for reconstituting Committee
    of Management has to be held within one and half
    years, which is a mandatory provision, therefore
    the impugned order, whereby another
    Administrator has been appointed after expiry of
    one and half years, is patently illegal. Learned
    Counsel for the petitioner also relies upon Section
    35(3)
    and 35(7) of the aforesaid Act, which are
    extracted below:

    “35(3) Where the Registrar has
    superseded the Committee of Management under
    sub-section (1), he may appoint in its place, (for a
    period not exceeding six months) to be specified in
    the order of supersession:

    (a) a new committee consisting of one or
    more members of the society;

    (b) an administrator or administrators
    who need not necessarily be members of the
    society:

    Provided that the Registrar may, with the
    previous approval of the State Government extend
    the period of supersession, so however, that any

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    single extension does not exceed six months and
    the total extension does not exceed one year:

    Provided further that the committee or an
    administrator or administrators appointed (before
    the commencement of Uttarakhand Cooperative
    Societies Act
    2003) shall be deemed to have been
    duly appointed and no action taken or power
    exercised or functions performed by it or him, as
    the case may be, shall be deemed to be invalid or
    shall be called in question in any court on the
    ground of any defect in its or his appointment as
    such or on the ground that the Committee of
    Management was not reconstituted within time or
    the period of supersession or the term its or his
    office was not duly extended.

    35(7) The provisions of Section 29 shall
    apply in respect of reconstitution of the Committee
    of Management under this section.”

    3. Per contra, learned State Counsel refers
    to Section 29(5)(b) and Section 114 of the
    aforesaid Act, which are extracted below:

    “29(5)(b) On or as soon as may be after
    the expiry of such term, the Registrar shall appoint
    an Administrator or a Committee of Administrators
    (hereinafter, in this section, referred to as the
    Committee) for the management of the affairs of
    the society until the reconstitution of the
    Committee of Management in accordance with the
    provisions of the Act, the rules and the bye-laws of
    the society, and the Registrar shall have the power
    to change the Administrator or, as the case may
    be, any member of the Committee or to appoint a
    Committee in place of an Administrator or vice
    versa from time to time.

    114. Act of co-operative societies not
    be invalidated by certain defects.–No Act of a
    co-operative society or any Committee of
    Management or of any officer of a co-operative
    society shall be deemed to be invalid by reason
    only of the existence of any defect in the
    constitution of such society or committee or in the
    appointment or election of such an officer or on the

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    ground that such officer was disqualified for such
    appointment or election.

    4. Clause (a) of sub-section 5 of Section 29
    of the Act provides that the Committee of
    Management of a Cooperative Society shall cease
    to exist immediately upon expiry of the term, for
    which it was elected. Clause (b) of sub-section 5 of
    Section 29, enables the Registrar to appoint an
    Administrator or a Committee of Administrators for
    managing the affairs of the society till
    reconstitution of the Committee of Management. It
    also enables the Registrar to change the
    Administrator or, as the case may be, any member
    of the Committee from time to time. There is no
    outer limit prescribed in Clause (b) of sub-section 5
    of Section 29, as regards the term of the
    Administrator, and this provision indicates that
    Administrator appointed under Clause (b) of sub-
    section 5 shall continue to manage the affairs of the
    Society till the Committee of Management is re-
    elected as per the provisions of the Act and the
    Rules.

    5. Learned Counsel for the petitioner relies
    upon sub-section (7) of Section 29 of the Act for
    contending that upon expiry of one and half years,
    Administrator cannot manage the affairs of the
    Society. However, careful perusal of sub-section (7)
    of Section 29, which is extracted below, does not
    support the contention raised by the petitioner, as
    it merely provides that the Administrator or the
    Committee appointed under sub-section (5) shall

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    arrange for reconstituting the Committee of
    Management within one year and six months of
    his/its appointment. However the consequence of
    not holding election within prescribed period of one
    and half years is not indicated in the statute. Sub-
    section (7) of Section 29 nowhere provides that the
    Administrator cannot manage the affairs of the
    Society beyond one and half years.

    “29(7) The Administrator or the
    Committee, as the case may be, appointed under
    sub-section (5), shall as soon as may be, but not
    later than the expiry of one year and six months
    from the date of appointment, arrange for the
    reconstitution of the Committee of Management in
    accordance with the provisions of the Act, the rules
    and the bye-laws of the society to take over the
    management of the society from the Administrator
    or the Committee, as the case may be;

    Provided that where an Administrator is
    replaced by a Committee or a Committee by an
    Administrator as provided in clause (b) of sub-
    section (5), the period of one year and six months
    shall count from the date the Administrator or the
    Committee, as the case may be was originally
    appointed.”

    6. Learned Counsel for the parties are
    unanimous on the point that the election schedule
    has been published and election process would
    commence on 3.8.2026.

    7. The challenge thrown to the order dated
    9.6.2026, based on sub-section (7) of Section 29 of
    the Act, cannot be sustained, as sub-section (7) of
    Section 29 nowhere restricts the power of
    Registrar, conferred by sub-section (5)(b) of
    Section 29, to appoint Administrator and sub-

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    section (5)(b) does not contain any limitation as
    regards duration.

    8. Learned Counsel for the petitioner also
    referred to Section 35(3) and 35(7) of the Act.
    Section 35(3) has no application to the facts of the
    case, as it deals with a case where a Committee of
    Management is superseded by the Registrar.
    Section 35(7) of the Act also does not support the
    petitioner for challenging the impugned order, as it
    merely provides that provisions of Section 29 shall
    apply for reconstituting the Committee of
    Management.

    9. For the aforesaid reasons, there is no
    scope for interference with the impugned order.
    Writ petition thus fails and is dismissed.

    (Manoj Kumar Tiwari, J.)
    8.7.2026

    Pr

    PRABODH Digitally signed by PRABODH KUMAR
    DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,
    2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503,
    postalCode=263001, st=UTTARAKHAND,

    KUMAR
    serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91
    957BE53, cn=PRABODH KUMAR
    Date: 2026.07.09 19:54:53 +05’30’

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