CHHOTEY LAL MISRA Vs. DISTRICT MAGISTRATE AND COLLECTOR

JUDGEMENT

(1.) THE petitioner is a Direc tor of Zila Sahkari Bank Ltd., Kanpur, registered under the U. P. -Co-operative Societies Act, 1965. At the meeting of the committee of management of this Society held on 24th June, 1969, the petitioner was appointed as the officiat ing Secretary under Rule 127 of the U. P. Co-operative Societies Rules, 1968. On or about 23rd August, 1969, the Dis trict Magistrate, Kanpur acting_ as the ex- officio Chairman of the Society con vened a meeting of the committee of management to be held at 3.00 P. M. on 24th August, 1969 at his own official residence. The meeting was held on this date and was attended by five directors. The petitioner's case is that he along with seven other directors did not attend this meeting. At this meet ing several resolutions were passed. By one resolution one Sri K. B. Khare was appointed as the Secretary of the Society. By another resolution it was resolved that Sri Gulab Chand Jain and Sri Iqbal Bahadur Srivastava were no longer directors of the Society.

(2.) THE petitioner challenges the validity of the meeting on the follow ing grounds:-

(3.) THE meeting was attended by five directors. Under the byelaws of the society the quorum for a meeting is five. In that respect the meeting was regular. The proceedings of the meet ing held on 24th August, 1969, were confirmed by another meeting of the committee of management held on 3rd October, 1969. At this meeting 9 direc tors were present. They unanimously confirmed the proceedings of the pre vious meeting held on 24th August, 1969. It is thus apparent that the pro ceedings of the meeting held on 24th August, 1969 were ratified by the board of directors at a subsequent meeting whose validity has not been challenged in the present writ petition. Thus, the ratification has been by a validly con stituted meeting of the committee of management. In this situation, the ques tion is whether the irregularity in con vening the meeting of the Board at a place other than the headquarters of the society was fatal to its validity.