KANTILAL CHANDULAL SHAH Vs. C J JOSE

JUDGEMENT

(1.) In this petition under Art. 226 of the Constitution the petitioner has challenged the legality of the order dated 14/15-10-1986 passed by the Registrar of Co-operative Societies Gujarat State respondent No. 1 herein whereby he confirmed the order dated 19-9-1986 passed by the second respondent District Registrar of Co-operative Societies. The impugned orders are at annexures A and B to the petition. By the original order at annexure A which is confirmed by the first respondent the petitioner has been disqualified to hold any elected post for a period of four years either on the Managing Committee of Navdeep Co-operative Bank Limited Navrangpura Ahmedabad or on the Managing Committee of any other Co-operative Society. The said order has been passed by the second respondent under sec. 76-B(2) of the Gujarat Co-operative Societies Act 1961 (the Act for short). The said order has been challenged on diverse grounds but it is not necessary to mention all of them for the simple reason that one ground put in the forefront goes to the rest of the matter and entitles the petitioner to succeed. The said ground runs as under:

(2.) The competent authority exercising power under sec. 76-B(2) can order disqualification of the concerned officer of a society only if the competent authority has first passed an order of removal of such officer from the society wherein he operated at the relevant time. In the absence of any removal order passed under sec. 76-B(1) against the concerned officer no subsequent disqualification order under sec. 76-B(2) can be passed against such officer and in the present case as there is no order passed against the petitioner removing him from the society as per sec. 76-B(1) the order passed by the second respondent under sec. 76-B(2) is ex-facie without jurisdiction and null and void and its confirmation by the appellate authority viz. respondent No. 1 is also equally otiose and an exercise in futility.

(3.) In order to appreciate the aforesaid contention in its true perspective it is necessary to note a few relevant facts leading to this petition The petitioner at the relevant time was working as a Director in Navdeep Co-operative Bank which is a co-operative society duly registered under the provisions of the Act. He was served with a show cause notice dated 30-8-1986 calling upon him to show cause why he should not be removed from the office of the Director of the said society on the grounds mentioned in the show cause notice. He was also called upon to show cause why he should not be declared disqualified from being elected as a member of the committee of any other Co-operative Society. A copy of the said show cause notice is at annexure C to the petition. It clearly covers the proposed actions under sec. 76-B