NARESH SHANKAR SRIVASTAVA versus STATE OF U.P. & ORS.

Citation: [2009] 7 S.C.R. 1188 · Decided: 06-05-2009 · Supreme Court of India · Bench: S.B. SINHA · Disposal: Appeal(s) allowed

Cited by 1 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

(2009] 7 S. C.R. 1188 
A 
NARESH SHANKAR SRIVASTAVA 
v 
STATE OF U.P. & ORS. 
·-· 
Civil Appeal Nos. 292-294 of 2005 
B 
MAY 06, 2009 
[S.B. SINHA AND DR. MUKUNDAKAM SHARMA, JJ.] 
Co-operative So.cieties -
Mu/ti-State Co-operative 
Societies Act, 1984 - s.95 - UP State Cooperative Societies 
Act, 1965 and Rules framed thereunder - Uttarancha/ Co-
~· 
c operative Societies Act, 2003 - s.129 - PACSFED was 
regist9red as an apex cooperative socioty under the UP State 
Cooperative Societies Act and the Rules framed thereunder 
-Area of operation of PACSFED was the whole State of Uttar 
Pradesh - UP State Re-organization Act came into force w. e. f. 
D 9-11-2000, by operation of which Act, State of Uttar Pradesh 
was bifurcated into two States i.e. State of Uttar Pradesh and 
the new State of Uttaranchal (now Uttarakhand) - Bye-laws of • 
PACSFED not amended -
Whether after bifurcation/re-
organisation of the State of Uttar Pradesh, the affairs of 
. 
. 
E PACSFED were governed by the UP. State Cooperative 
Societies Act or by the Multi State Co-operative Societies Act 
- Held: Since the objects of PACSFED still remained the same 
as it was immediately before reorganization of the State of Uttar 
Pradesh, it shall be deemed to have automatically become a 
Multi-State Co-operative Society w.e.f 9-11-2000 by virtue of 
... 
F 
deeming provision of s. 95 of the Multi-State Co-operative 
Societies Act - UP. State Re-organization Act, 2000 - s. 67. 
The U.P. Cooperative Processing and Cold Storages 
Federation Limited, Lucknow (PACSFED) was registered 
G as an apex cooperative society under the provisions of 
the U.P. State Cooperative Societies Act, 1965 and the 
l 
Rules framed thereunder. The area of operation of the -
PACSFED was the whole state of Uttar Pradesh. 
H 
1188 
NARESH SHANKAR SRIVASTAVA V. 
11'89 
STATE OF U.P. & ORS. 
In the year 2000, the U.P. State Re-organization Act, · A,. 
2000 was passed which came into force on 9-11-2000. By 
operation of the said Act, the State of Uttar Pradesh was 
bifurcated ·and a new State of Uttaranchal (now 
Uttara~hand) was created by carv~ng out certain 
territories from the State of Uttar. Pradesh. 
B 
The question which arose for consideration fo the 
present appeals was whether on account of bifurcation. 
of the State of Uttar Pradesh into two States i.e. State of 
Uttar Pradesh and the State of Uttaranchal, the area of 
operation of the PACSFEf> extended to both the States C 
on and from the c;tate when the State ofUttarar1chal came · 
into existence i.e. from 9-11-2000 and as a consequence 
thereof the PACSFED automatically beco.me a deemed--
multi-state cooperative society; registered under the Multi-
State Co~operative Societies Act, 1984 w~e.f. 9-11·-2000. 
D 
Allowing the appeals; the Court 
HELD: 1. PACSFED is a deemed multi. State 
cooperative society registered under the corresponding 
provision of the Multi-State Co-operative Societies Act, E·, 
1984 as and from the date of the reorganisation of the 
State of Uttar Pradesh. [Para 25] [1209-B] 
2.1. Section 95 of the Multi-State Act will be squar_ely 
applicable to the-case in hand. It provides that where the 
object of the cooperative society is confined to one State, 
F 
it would become from the-date of reorganization of State, 
a Multi State Cooperative Society by virtue of Part II of 
.State Reorganisation Act and then it shall be deemed to 
be Multi State Cooperative Society and the bye~laws of 
such Society-shall continue to be in force until altered.~ G 
{Para 15) [1204-E-G] 
-2.2. Section 95 of the Multi-State Act provides tl:lat it 
would be operative as a consequence of reorganisation 
of States and particularly when any area or portion of area 
H 
1190 
SUPREME COURT REPORTS 
(2009] 7 S.C.R. 
A of the Society is bifurcated or divided and then fell in the 
jurisdiction of two State administrations. The idea is to 
obviate the administrative stalemate arising out of creation 
of a new State and new administration. This section is 
independent of all other sections of the Act. The Multi-
B purpose Co-operative Society has been defined as a 
Society registered or deemed to be registered under the 
Act and includes a National Co-operative Society. Sections 
2, 4, 5, 6, 7'and 8 deal with how a Multi-State Co-operative 
Society could be registered under the Central Act. In other 
C words, by voluntary acts of the concerned persons a Multi-
State Co-operative Society could be formed if it satisfies 
the condition

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