K K RAO Vs. LOKESH KUMAR

JUDGEMENT

(1.) PETITIONERS have directed this revision petition against the interim order dated 29.1.2000 passed by the Asstt. Registrar, Co-operative Societies, Durg in dispute case No. 40-64-1-2000. Petitioner Shri Avdhesh Kumar Yadav has also filed a revision No. 121/2000 against the same impugned order of the Asstt. Registrar. As per order-sheet dated 4.11.2000 in revision No. 40/2000, the disposal of revision No. 121/2000 shall be governed by the orders to be passed in this revision petition and both these revision petitions were clubbed together and heard jointly.

(2.) BRIEF facts giving rise to these revisions are that petitioners were duly elected as directors in the non-applicant No. 2-Society. NA No. 1 was also elected its director and also the President of the society. NA No. 1 had summoned a meeting of the board of directors on 24.1.2000 at 5.30 p.m. It appears that as per his order dated 24.1.2000 he had adjourned this meeting. But all the petitioners on reaching the office of the Society at 5.30 p.m. directed the manager of the Society to convene an emergency meeting of the Board of Directors at 6 p.m. on that very day. Accordingly the meeting was held at 6 p.m. and in this meeting all the five directors and three other directors were present. This meeting was presided over by Smt. Kelkar, who was Vice Chairman of the Society. In this meeting all the eight directors unanimously expressed no-confidence in the President-non-applicant No. 1 and thus passed no-confidence motion in this meeting. Consequently, Smt. Rekha Kelkar, being the Vice Chairman assumed the charge of In-charge President of the Society. Non-applicant No. 1 filed a dispute under section 64 of the M.P. Co-operative Societies Act, for short hereinafter referred to as Act, against all the eight directors who were present before the Dy. Registrar, Durg, challenging the legality of this resolution and at the same time he has also filed an application to stay the operation of the resolution dated 24.1.2000. This dispute case was filed on 29.1.2000 and at the same time the learned Asstt. Registrar heard the non-applicant on the question of stay and passed his ex parte order on 29.1.2000 thereby staying the operation of the resolution dated 24.1.2000 until further orders.

(3.) I have heard the counsel appearing for the parties at length and also perused the record of the Courts below. The only point that arises for consideration is whether the impugned order passed is illegal and suffers with material irregularity.