MODERN COOPERATIVE SOCIETY LIMITED Vs. REGISTRAR COOPERATIVE SOCIETY

JUDGEMENT

(1.) As many as 27 members including respondents herein .were expelled by petitioner-Society by Resolution dated 27.4.1987 on account of persistent defaults against demands. The society thereafter sent a proposal for approval of .their expulsion to the Registrar on 20.2.1988 and meanwhile enrolled new members whose approval was also sought. Registrar allegedly did not take any action for grant or refusal of approval to expulsion till 1995 i.e. for seven long years. It was on 2.2.1996 that he put the Society.on notice and on consideration of the matter rejected its proposal for expulsion of the members by order dated'4.6.1996. The Society filed'Revision against this which was dismissed by Financial Commissioner on 30.7.1996.

(2.) Feeling dissatisfied the Society filed a petition CW 3325/1996 which was disposed of remanding the matter to the Registrar for fresh consideration. Pursuant thereto Registrar passed order dated 26.8.1997 and declined approval of expulsion of only 13 members who were proceeded ex parte by him and rejected the expulsion of the remaining 14. The society took revision against this which was dismissed on 3.11.1997. It has now filed this petition for quashment of orders passed by Registrar refusing to grant approval for expulsion of all the respondents and order dated 3.11.1997.

(3.) Society's case in short is that Registrar's order has become void on account of his failure to grant or refuse the approval within six months from the date of receipt of proposal in terms of Rule 36 rendering the Registrar functus officio and as a consequence the proposal of the Society is deemed to have been approved. Rule 36 (3) provides as under: