The said issue can be challenged before joint registrar in revision or before writ court in high court
Can asst. registrar of cooperative society raise an enquiry for a society registered under 1860?
On the basis of complaint of the CEO of self supporting cooperative society to asst registrar as illegal operation of society registered under act 21,1860.Asst registrar issued an enquiry by a three members committee. Complainant society trying to grab the latter registered society by any means for doing business . Asst registrar also trying to declare the latter society as illegal by any means. Previously DCO tried to do the same and a wrt petetion was lodged at Honble High court. Now it is pending at court. How can we protect our society from the bad intention of CEO of cooperative society and Asst registrar.
Asked 5 years ago in Civil Law
19 Answers
How can we stop enquiry of Asst Registrar until Honble High court decision comes.
Asked 5 years ago
You need to seek a stay before joint registrar
You can file online writ petition in HC through website or your lawyer. Joint registrar whether operating online or not need to be personally inquired at concerned jurisdiction
let the court adjudicate it.
1. Well 3decision of a public authority howsoever legal or unlawful is always amenable before the court for judicial review.
2. So if the decision or finding of the Registrar is h founded the remedy lies before the high court in its writ jurisdiction.
3. Keep in touch with an advocate.
Yes. Asst Registrar may initiate enquiry in the affairs of management of Society through an employee from his office on the complaint of member, office bearers and outsider who are dealing with the Society.
If you are not happy with the action of Asst. Registrar of Society who may challenge his order before Jt. Divisional Registrar by Revision or Appeal under Society.
You should in pending wit petition take out application seeking stay of order passed by assistant registrar appointing 3 member committee to carry out inquiry
Act as mentioned herein above
Dear Sir,
You are suggested to serve a legal notice to the CEO of Cooperative Society and Asst Registrar regarding the pendency of the said writ petition in High Court and taking no action till the case is pending in High Court. In the mean time also submit an application in High Court (IA/MA in writ petition) to grant stay on enquiry of Asst Registrar until Hon'ble High court decision comes.
Dear Sir,
it is informed that these days, most of the courts are working in online mode and the petitions/applications are also filed online itself. it is also informed with due regard that this is not the right forum for asking/talking directly an advocate to work for you. You may go to "Talk to a lawyer" or "Hire a lawyer" of Kanoon.com. It is intimated that it is not the solicitation of any kind, rather the information regarding the process.
Pass an agenda by majority and terminate the CEO. Obtain stay from court to hold enquiry.
And office bearer can be removed by passing a no-confidence motion in the Committee by 2/3 members voting for removal.
Please move an application before the Hon'ble High Court with an affidavit of early hearing to stop them for taking any action as the matter is pending there.
- Since , the said Writ is pending before the High court , then you should move an application for stay the enquiry by the three members committee till the final disposal of the Petition .
- Further , if the said Writ is not against the same party , then you can file a separate petition or for clubbing the matter in the same court.
Yes Asstt. Registrar is authorized for enquiry.
You should appeal to Deputy Registrar against the enquiry by the AR
The case pending in the high court should be expeditiously disposed by giving an application.
An application for interim stay should be filed.
It can be filed. Contact.
1. Yes assistant registrar of coop societies can initiate the enquiry against registered society.
2. You can file application for stay on enquiry in the pending writ petition till disposal of writ petition.
You may file an application in the same pending writ seeking for stay or restraining the CEO from making any move in the manner which is detrimental to the functioning of the society or to restrict the CEO from interfering in the affairs especially while there is already a pending writ petition in this regard.
You first issue a legal notice to the Asst. registrar instructing him to restrain from making any further inquiry in this regard since the matter is pending before high court.
Then you approach the high court with another petition in the same writ seeking to stay the operations of the Asst registrar in this regard.