Garhwal Sainik Sahkari Samiti Ltd Vs Secretary Department of Co Operative State of Uttarakhand (Uttarakhand High Court)
The Uttarakhand High Court has refrained from issuing a direct order to unblock the fixed deposits of the Garhwal Sainik Sahkari Samiti Ltd., a cooperative society based in Kotdwar. The society had filed a writ petition seeking several reliefs, including the unfreezing of its fixed deposit accounts to pay its dues to the Income Tax Department and a directive for the Registrar of Cooperative Societies to approve the disbursement of funds.
The society’s plea stemmed from a resolution passed by its General Body on January 25, 2018, to disburse funds for various purposes, a decision that required the Registrar’s approval. The society’s counsel argued that a recommendation had already been made by the District Assistant Registrar, and therefore, the High Court should issue a directive to the Registrar to grant the necessary approval. The society also requested the court to oversee the disbursement of funds to prevent any potential misuse.
The court, however, was not inclined to grant the reliefs sought. It stated that it could not issue a mandamus—a command—to the Registrar to act in a specific manner. The court’s role is to ensure legal processes are followed, not to make administrative decisions for a statutory authority. As such, the court concluded that the decision of whether to approve the fund disbursement rests squarely with the Registrar.
