FIROZALI ABDULKARIM JIVANI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioners are members and shareholders of the Development Co-operative Bank Limited, the 6th respondent, which is a Multi-State Co-operative Society registered under the Multi-State Co-operative Societies Act, 1984. The petitioners have filed the present writ petition challenging the acceptance by the returning officer (respondent No. 7) of the nomination of respondent No. 8, Baddruddin Ahmed Pradhan, for the post of the President of respondent No. 6 Bank at the elections held on 23/04/1989 and the subsequent election of respondent No. 8 to the post of the President of respondent No. 6 Bank.

(2.) FOR the purpose of this petition it is necessary to state in brief the history of this Barik. Prior to 30/06/1981 there was a Co-operative Bank known as the Ismailia Cooperative Bank Limited. Respondent No. 8 was the President of this bank since March 1979. There was also in existence another cooperative bank known as the Masalawala Cooperative Bank Limited. Both these banks were registered under the Maharashtra Cooperative Societies Act, 1960. Both these banks were amalgamated by an order dated 30/06/1981 passed by the Divisional Joint Registrar; Co-operative Societies, Bombay, in exercise of powers conferred on him under Sub-Section (1) of Section 17 of the Maharashtra Co-operative Societies Act, 1960. As a result of this amalgamation a new bank viz. , respondent No. 6 Bank was brought into existence and the registration of the two amalgamating banks in terms of the provisions of S. 9 (1) of the Maharashtra Cooperative Societies Act, 1960 were cancelled from the date of the order of amalgamation.

(3.) AS per the scheme of amalgamation, a Board of Directors consisting of eight directors was nominated to hold office for a period of three years from the date of the order. Respondent No. 8 was nominated by this order as the President of the Board of Directors. Respondent No. 8 continued to hold the office of the President by nomination till 1986.