IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL Civil Writ Petition No. 924 of 2006 (M/S) 1. Lt. Col. (Retd.) A.S. Bisht, S/o late Sri S.C.S. Bisht (Member superceded Committee of Management) R/o B-277, Defence Colony, Sector –4, Dehradun. 2. Col. (Retd.) R.B.S. Bisht S/o late Sri K.S. Bisht (Member superceded Committee of Management) R/o C-51, Sector –2, Defence Colony, Dehradun. 3. Lt. Col. (Retd.) C.S. Bisht S/o late Sri K.S. Bisht (Member superceded Committee of Management) R/o C-57, Sector –2, Defence Colony, Dehradun. 4. Sq. Ldr. (Retd.) S.S. Bisht, S/o late Sri B.S. Bisht (Member superceded Committee of Management) R/o B-118, Sector –4, Defence Colony, Dehradun. 5. Major (Retd.) R.S. Chowdhari S/o late Sri M.S. Chowdhari (Member superceded Committee of Management) R/o B-42, Sector –2, Defence Colony, Dehradun. 6. Major (Retd.) P.S. Rawat S/o late Sri R.S. Rawat R/o B-42, Sector –2, Defence Colony, Dehradun. ………… Petitioners Versus 1. The Co-operative Tribunal, Uttaranchal Shashtri Nagar, Dehradun. ……….. Respondent 2. The Registrar Uttaranchal Co-operative Societies, Govt. of Uttaranchal, Dehradun. 3. The Deputy Registrar Uttaranchal Co-operative Societies, Almora, Camp Office Nehru Colony, Dehradun. 4. The District Assistant Registrar, Uttaranchal Co-operative Societies, Vikas Bhawan, Dehradun. 5. The Sainik Housing Co-operative Society Ltd. Defence Colony, Dehradun through its Secretary. 6. The Secretary The Sainik Co-operative Housing Society Ltd. Defence Colony, Dehradun ……… Co - Respondents Mr. V.K. Kohli, Senior Counsel assisted by Mr. I.P.Kohli, learned counsel for the petitioners. None for the respondents. Hon’ble Rajesh Tandon, J. Heard Sri V.K. Kohli, Senior Counsel assisted by Sri I.P. Kohli, learned counsel for the petitioners. 2) By the present writ petition, the petitioners have prayed a writ of mandamus directing respondent No. 1, the Co-operative Tribunal, Uttaranchal, Dehradun to decide the appeal No. 07 of 2005; Lt. Col. (Retd.) A.S. Bisht Vs. Registrar Uttaranchal Co-operative Societies, pending before the said Tribunal, as expeditiously as possible. 3) Briefly stated, facts of the case are that, petitioners Nos. 1 to 5 are members of the Committee of Management of the Sainik Co-operative Housing Society Ltd., Defence Colony, Dehradun (for brevity hereinafter referred as the Society) and petitioner No. 6 is an ordinary member of the Committee of Management of the said Society. The elections of the Society were held in the year 2004 and the Committee of Management, of which the petitioners are Members, came into existence on 9th November, 2004. The term of the Committee of Management is for a period of five years. The respondent no. 2, the Registrar, Uttaranchal Co-operative Societies, Government of Uttaranchal, Dehradun superceded the Committee of Management vide order dated 3rd of October, 2005, without issuing any notice or calling for any objection from the members of the Committee of Management. The petitioners have further submitted in the writ petition that the respondent No. 2 has superceded the said Committee of Management in violation of the provisions of Section 35 of the Uttaranchal Co-operative Societies Act, 2003. Aggrieved by the said order, the petitioners have filed Appeal No. 7 of 2005 before the respondent no. 1 on 26th November 2005, which is pending before respondent no. 1. In view of the above, respondent no. 1 is directed to decide the appeal within a period of one month after obtaining the certified copy of this order. Accordingly, writ petition is allowed. No order as to costs. Dated: 19.7.2006 Rajesh Tandon, J. *Dhyani