GOURISHANKAR BILWAN Vs. BOARD OF REVENUE

JUDGEMENT

(1.) Petitioner No. 3 a Co-operative Society and its two members-petitioners Nos. 1 and 2 are aggrieved by the order dated 14.9.1998 (Annexure P/8) passed in revision by the M.P. Board of Revenue Gwalior, quashing the order dated 23.7.1998 (Annexure P/4) of the Dy. Registrar Cooperative Societies, Shajapur, passed under Section 80 of the M.P. Co-operative Societies Act. 1960 (for short, 'the Act').

(2.) Respondent No. 2 Siddhnath Singh was the Director/President of the petitioner Society at the relevant time. He in the year 1982 had taken a loan of Rs. 2,000/- from the District Co-operative Land Development Bank Ltd., Sajapur. The loan amount was to be paid in 15 yearly instalments with interest. It is no more in dispute that 12 instalments of Rs. 274,42 + interest Rs. 28.58, total Rs. 303/- fell due on 30th April, 1997. However, this amount remained unpaid until on 1/7/1998 when debtor-respondent No. 2 repaid the whole of the balance amount of loan. The petitioner Society in its meeting dated 14.7.1998 which was attended amongst others, by respondent No. 2 also, passed a resolution disqualifying respondent No. 2 to be member or office Bearer of the Society. The resolution was passed by taking recourse to Section 19-AA of the Act and Rule 44 of the M.P. Co-operative Societies Rules, 1962 (for short, 'the Rules'). According to the petitioner society, respondent No. 2 had incurred disqualification for membership of the Society on account of his default in payment of the aforesaid Instalment of loan. Aggrieved by this resolution, respondent No. 3 made reference under Section 80 of the Act before, the Registrar, Co-operative Society which was rejected by the Dy. Registrar vide his order dated 23.7.1998 (Annexure P/4). However, in revision the learned member of the Board of Revenue quashed this order (Annexure P/4) as also the resolution (Annexure P/3). The petitioners have, therefore, approached this Court under Article 227 of the Constitution calling in question the legality of the order Annexure P/8,

(3.) I have heard Shri S.S. Samvatsar, learned counsel for petitioners and Shri Anwer Khan appearing with Shri U.K. Nimgaonkar, counsel for respondent No. 2.