SHAHANK JAIN Vs. REGISTRAR COOPERATIVE SOCIETIES AND ORS

JUDGEMENT

(1.) 1. The present petition has been filed by the petitioner praying inter alia for issuing directions to the respondent No.1/RCS to dispose of his complaints dated 03.10.2016, 25.10.2016, 16.01.2017 and 17.01.2017 as also a petition filed by him under Section 41 of the DCS Act, 2003 (Annexure V), praying inter alia for restraining Shri Vinod Jain from holding the office of a Director on the Board of Directors of the respondent No.2/Bank.

(2.) Counsel for the respondent No.2/Bank states that the petitioner has withheld material information from the Court inasmuch as he has failed to state that as recently as on 29.06.2017, a revision petition filed by him under Section 116 of the DCS Act against an order dated 07.03.2017 passed by the Assistant Registrar (BKG), was disposed of by the Financial Commissioner, who had modified the order dated 07.03.2017 passed by the Assistant Registrar and further, directed the respondent No.1/RCS to take a decision on the complaints made by the petitioner with regard to the alleged irregularities in the respondent No.2/Bank. The complaints made by the petitioner have been detailed in para 2 of the order dated 29.06.2017 passed by the Financial Commissioner and a reference has been made therein to the representations/complaints dated 03.10.2016, 25.10.2016, 16.01.2017 and 17.01.2017, that find mention in the present petition as well. A copy of the order dated 29.06.2017 passed by the learned Financial Commissioner is taken on record.

(3.) Learned counsel for the petitioner claimed that the scope of the revision petition filed by the petitioner before the Financial Commissioner was very limited. Even if that be the case, the order dated 29.06.2017 passed by the Financial Commissioner directing the RCS to take a decision on all the complaints made by the petitioner with regard to the irregularities allegedly committed by the respondent No.2/Bank, is fairly broad based. In such circumstances, learned counsel for the petitioner has been called upon to explain as to why is he pursuing the petition filed under Section 41 of the RCS Act, for seeking disqualification of the respondent No.1 therein.