JAGDISHBHAI CHANDULAL PARIKH Vs. AMBALAL SANKALCHAND MEHTA

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) Challenge is made by the petitioner by this Special Civil Application to the order Annexure 'D', dated 27th September 1983 of the respondent No. 4 granting stay of the election of the society till final decision of the suit pending before the Board of Nominees.

(3.) The facts of the case are that the respondent No. 3 is a co-operative housing society, registered under the Co-operative Societies Act, 1961 (hereinafter referred to as the Act, 1961). The petitioner and respondents No. 1 and 2 are its members. In April 1970, the respondent Nos. 1 and 2 were elected as Chairman and Secretary respectively of the society and they took charge of the record of the society from the outgoing Chairman and Secretary. The annual general meeting of the society had not been called for, its accounts were not audited and the office-bearers were acting prejudicially to the interest of the society, numerous proceedings, namely, (i) inquiry under Sec. 86 of the Act, 1961 and (ii) proceedings under Sec. 81 of the Act, 1961, were initiated. In the first proceeding, the respondent No. 2 was disqualified to hold any post of the society for three years. The second proceeding resulted in holding of annual general meeting of the society on 10th August 1980 and election of new managing committee has been carried out. The proceedings of the special general meeting dated 10th August 1980 were challenged by respondent Nos. 1 and 2 by filing Special Civil Application No. 3218 of 1981. In this Special Civil Application, the petitioner and three other members were the party. At the stage of admission of said Special Civil Application, for smooth functioning of the affairs of the society, consent terms signed by the petitioner, respondent No. 1 and 2 and other parties to the petition were submitted in the Court. As per the consent terms, this Court appointed Shri R. L. Dave to convene a special general meeting and for conduct of business thereof as agreed. Inspite of fixing various dates for completing clauses of the consent terms, the respondent No. 1 and 2 deliberately not complied with the same. The petitioner in para 5 of the Special Civil Application has given out that affidavit of documents, as per the consent terms were not filed on or before 19-2-1982 by respondent Nos. 1 and 2 and the amount of Rs. 700/ - each has not been deposited by respondent Nos. 1 and 2 in time. So the submission of the petitioner is that at every stage, the respondent Nos. 1 and 2 were trying to delay and prolong the matter. The respondent Nos. 1 and 2 have not handed over the record of society to Shri R. L. Dave. Not only this, the respondent No. 2 did not return the documents like the copy of provisional list and final list of voters to Shri R. L. Dave. Anyhow in pursuance of the order of this Court and as per the consent terms, Shri Dave started his work. He prepared provisional list of voters of the society and after publishing election programme a meeting of the society was to be held on 20th March 1983. At this stage, the respondent Nos. 1 and 2 filed Arbitration suit No. 74 of 1983 before the Registrar's Board of Nominees in which only Shri R. L. Dave was impleaded as a party. The petitioner or any other members of the society were not impleaded as party. Prayer has been made for granting stay of the meeting dated 20th March 1983. Prayer has also been made for grant of interim relief, but ex parte stay order was not granted by the Registrar's Board of Nominees. Against the order of the Board of Nominees dated 19th March 1983, declining to grant ex parte stay to the respondent Nos. 1 and 2, a revision application No. 42 of 1983 was preferred by them before the Co-operative Tribunal, Ahmedabad and there they succeeded to get ex parte injunction against holding of meeting on 20th March 1983 till the said revision application is finally decided. This order of the Tribunal dated 27th September 1983 is impugned in this Special Civil Application.