RAN VIJAY CHANDRA Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner seeks to quash the order dated 14.11.2002 passed by the Registrar, Co-operative Societies, U.P., Lucknow, respondent No. 2, holding that the petitioner is not entitled to continue on the post of Chairman of District Cooperative Bank, Gorakhpur (in short the 'Bank') on the ground that he was involved in an offence involving moral turpitude.

(2.) The brief facts are that the petitioner was elected as Chairman of the District Co-operative Bank, Gorakhpur in the year 1999. He was convicted in Sessions Trial No. 225 of 1995 and the Sessions Judge convicted him under Section 302 read with Section 149 Indian Penal Code and awarded him sentence of life imprisonment on 7th July, 2000. The petitioner preferred Criminal Appeal No. 609 of 2000, against the said order. In the appeal, this Court has granted him bail and the execution of sentence has been suspended.

(3.) Respondent No. 5 was also one of the Directors of the Bank, it is alleged that he submitted resignation from his post and it was accepted by the Committee of Management on 29.5.2002. Respondent No. 5 filed writ petition against the decision of the Committee of Management of the Bank accepting his resignation. In the said writ petition, the Court passed an order restraining the petitioner from functioning as Chairman of the Bank. The petitioner preferred special leave petition against the order of this Court in the Supreme Court. The Hon'ble Supreme Court disposed of the matter with the direction that the Registrar Co-operative Societies shall decide the two questions as to whether the petitioner is entitled to function after his conviction under Section 302 by the Sessions Court and secondly, as to whether respondent No. 5 had in fact submitted resignation and its effect. The Registrar, respondent No. 2, after hearing both the parties passed the impugned order dated 15.11.2002, holding that the petitioner is not entitled to continue in the office as Chairman of the Bank under Rule 453 (1) (d) of the U. P. Cooperative Societies Rules, 1968 (in short the Rules) as he has been convicted in an offence involving moral turpitude and the necessary action can be taken in this regard under Rule 454 of the Rules. It was further held that respondent No. 5 had submitted resignation and there is no infirmity in the decision of the Committee of Management accepting his resignation.