SURSARI PRASAD MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri Ajit Kumar Singh, learned counsel for the petitioners, Shri Sujeet Kumar Rai, learned counsel appearing for the respondent nos. 5 and 6 and the learned Standing Counsel.

(2.) Counter and rejoinder affidavits having been exchanged; with the consent of the parties this writ petition is finally decided.

(3.) Brief facts which emerge from the pleadings of the parties are: The petitioners were elected as members of Committee of Management, District Co-operative Bank Ltd. Gorakhpur on 05/10/2009. The petitioner No.1 was elected from the professional banking constituency from Sahkari Sangh Bhaisapur, Block Khajani, District Gorakhpur. The petitioner 2, was elected as a Delegate of the general body of the society i.e. Bank from the Sadhan Sahkari Samiti Ltd Kajakpur, Block Khorabar, District Gorakhpur. The petitioner no.3 was elected as Member of the Committee of Management from Sadhan Sahkari Samiti Ltd, Mangalpur Block Partawal District Maharajganj. Petitioner no. 3 and two others gave a requisition for calling a meeting of the Committee of Management of the Bank for passing the budget/supplementary budget of the year 2011-2012. The Secretary of the Bank convened a meeting of the members of the Committee of Management on 02/8/2011 for passing of the budget/supplementary budget for the year 2011-2012. A letter dated 28/7/2011 was written by the Additional Director, Banking to the Joint Director Co-operative Societies, U.P. Gorakhpur referring to a letter written by the Chairman of the Bank requesting that Directors namely;Shri Balram, Smt. Gayatri Devi, Shri Satish Pandey and Shri Sursari Prasad Mishra be declared disqualified due to the various reasons and the power under Section 38 of The Uttar Pradesh Co-operative Societies Act, 1965 (hereinafter called the "Act, 1965") vests with the Registrar, hence appropriate steps be taken in this regard. The Joint Registrar, Co-operative Societies, Gorakhpur Division, Gorakhpur wrote a letter dated 29/7/2011 to the Secretary/General Manager of the Bank for calling a meeting and to take appropriate action. The Secretary/General Manger of the Bank issued a notice dated 30/7/2011, by which the requisition meeting which was earlier fixed was suspended and the meeting was convened on 02/8/2011 for considering the disqualification of the members as per Rule 454 of the Uttar Pradesh Co-operative Societies Rules, 1968 (hereinafter called the "Rules, 1968").