KHOM PRASAD SHARMA Vs. REGISTRAR CO-OPERATIVE SOCIETIES

JUDGEMENT

(1.) Heard the counsel for the parties.

(2.) The petitioner's society, namely Kuber Grih Nirman Cooperative Society, was superseded by an order issued on 9-3-2001 by the Deputy Registrar. The said order has been impugned in the present petition mainly on the ground that the order of supersession is not sustainable because clearly there were six members out of eleven Board Members at the time the order of supersession was issued.

(3.) Rule 43, Sub-rule 6 of M.P. Cooperative Societies Rules, 1962, states: "6. The quorum for the meeting of the committee shall be as provided in the bye-laws but in any case it shall be more than 50% of the total number of the members". Of the total number of eleven Board members, six members would form the quorum. It is contended that at the time of the order of supersession, four members had resigned. Another member had also been removed from membership. It may be stated that subsequently, the order of removal was set aside but that took place long after the order of supersession was issued. It appears that the decision of this case would hinge upon membership of one S.K. Sable. The said S.K. Sable put in resignation on 8-3-2001. On 9- 3-2001, Deputy Registrar asked said S.K. Sable to come to the Office for confirmation of his letter of resignation. Thereafter, what actually happened is not clearly ascertainable.