Case Note & Summary
The appeals arose from a judgment of the High Court of Allahabad concerning the status of the PACSFED following the bifurcation of Uttar Pradesh and the creation of Uttaranchal. The PACSFED, registered under the U.P. State Cooperative Societies Act, 1965, was deemed to have become a Multi State Cooperative Society on 09.11.2000, the date of re-organisation, as per Section 95 of the Multi-State Cooperative Societies Act, 1984. The High Court had quashed the registration certificate issued under the Multi-State Act, leading to the present appeals. The appellant argued that the bifurcation extended the PACSFED's area of operation to both states, thus automatically qualifying it as a Multi State Cooperative Society. The respondents contended that the PACSFED should continue to be governed by the U.P. Act until amendments were made to its byelaws. The court analyzed the relevant provisions of the Multi-State Act and the Re-organisation Act, concluding that Section 95 of the Multi-State Act applied directly to the PACSFED, making it a deemed Multi State Cooperative Society. The court rejected the respondents' arguments regarding the applicability of the U.P. Act and upheld the deemed status of the PACSFED. Consequently, the court set aside the High Court's judgment and allowed the appeals.
Headnote
A) Cooperative Societies - Deemed Registration - Status of PACSFED as Multi State Cooperative Society - Multi State Cooperative Societies Act, 1984, Section 95 - The court held that the PACSFED automatically became a deemed Multi State Cooperative Society upon the re-organisation of Uttar Pradesh, as per Section 95 of the Multi-State Act, which provides for such status post re-organisation. The High Court's ruling that the PACSFED remained governed by the U.P. Act was incorrect. (Paras 15-25).
Issue of Consideration
Whether the PACSFED automatically became a Multi State Cooperative Society after the bifurcation of Uttar Pradesh and the applicability of relevant statutes.
Final Decision
The Supreme Court allowed the appeals, setting aside the High Court's judgment and confirming that the PACSFED is a deemed Multi State Cooperative Society under Section 95 of the Multi-State Cooperative Societies Act, 1984, effective from the date of re-organisation.
Law Points
- Multi-State Cooperative Societies
- deemed registration
- U.P. State Cooperative Societies Act
- Re-organisation Act
- Section 95 applicability
- cooperative society jurisdiction
