JAYKISHAN CHOUBE Vs. DY REGISTRAR CO OP SOCIETIES

JUDGEMENT

(1.) BY this revision petition the petitioner is impugning the order dated 28.12.99 passed by the NA No. 1 thereby he disqualified the petitioner to hold the post of Director in the NA No. 2 society under section 19AA of the M.P. Cooperative Societies Act, for short hereinafter referred to as Act. It has been pleaded in this revision petition that the petitioner has wrongly and illegally been disqualified to hold the post of Director on the ground that he was not a farmer on the date, he was nominated as Director. On that date he did not own any agriculture land. This order is contrary as per Bye Law No. 5(1) of the society. According to this the member category 'B' should be a farmer. This does not mean that such members should own his own agriculture land. On the date of his nomination as Director, the petitioner was doing cultivation on the land of his mother. Later he has also acquired his own agriculture land. In the meeting Shri Tulsi Das Mishra also participated as Director. He had submitted his resignation earlier which was also accepted and thus on the date of meeting dated 25.12.99 he was no more a director in the NA No. 2 society and as such he could not have participated in the meeting.

(2.) I have heard the learned counsel appearing for the parties and also perused the record of the revision petition and also the copy of the documents filed by both parties. Only point that arises for our consideration is whether the impugned order dated 28.12.99 passed by the non-applicant No. 1 is illegal.

(3.) IT is also very clear from the documents filed by the petitioner that the petitioner was a founder member and President of the petitioner society. Shri Tulsi Das Mishra is founder member and Vice President of the society. Besides this there were four other founder member and Directors at the time when the society was registered under section 9 of the Act on 27.3.99. There is photocopy of resignation of Shri Tulsi Das Mishra dated 28.7.99 on record. This resignation was accepted by the committee of the society as per resolution dated 13.9.99. In this way from this date Shri Tulsi Das Mishra was not a Director in the petitioner society.