P.THANAPAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner herein is a former 'A' class Member of Repatriates Co- operative Finnce & Development Bank Ltd., (hereinafter referred to as "the Repco Bank") which is registered under the Multi State Co-operative Societies Act , 2002 (hereinafter referred to as "the Act").

(2.) According to the petitioner, as per Section 48 of the Act, if the equity share capital held by the State or central Government is 51% and above, there can be maximum three nominated members in the Board and in any event, the number of nomination of members shall not exceeded 1/3rd of the total members of the Board. However, so far as the Repco Bank is concerned, majority of the members are nominated members held by officials. Therefore, the petitioner made a representation to the Central Registrar of Co-operative Societies, Department of Agriculture and Co- operation, Ministry of Agriculture, New Delhi, to constitute the Board of Members of the Repco Bank in consonance with Section 48 of the Act.

(3.) The bye- law of the Bank is not in consonance with Section 48 of the Act, so, the Central Registrar, ought to have directed the fourth respondent to carryout necessary amendment in the bye- law, in tune Section 48 of the Act. Since, the Central Registrar failed to consider the representation, the petitioner earlier filed a writ petition before this Court in W.P.No.3125 of 2018 wherein, this Court directed the third respondent herein to consider the representation of the petitioner and pass orders within a period of four weeks from the date of receipt of a copy of that order.