RAI SINGH Vs. DY REGISTRAR COOPERATIVE SOCIETIES SEHORE

JUDGEMENT

(1.) THIS is a second appeal preferred u/s 78 (2) of M.P Cooperative Societies Act, 1960 (for short,' the Act') against the order of Joint Registrar, Co-operative Societies, Bhopal passed in Case No. 78.48/08.09 dated 31.3.2009.

(2.) ACCORDING to the brief facts of the case, the appellant is the Chairman of the Prathmik Krishi Sakh Sahakari Sansta Mydt., Patriya Hut, Tehsil Asta, District Sehore. The elections of the respondent No. 3 society had taken place on 28.2.2007 in which the appellant got elected as the Chairman. On an inspection conducted on 16.7.2007, the Dy. Registrar, Respondent No. 1, came to note that the appellant was a defaulter of the respondent society. Therefore he issued a notice on 22.10.2007 to the respondent No. 3 society to take action u/s 48-AA against the appellant. The committee of the appellant, thereupon on 30.11.2007 vide resolution No. 1 held that the appellant was not a defaulter. Therefore it did not find it necessary to take any action against him. Dy. Registrar however vide his order dated 21.7.2008 holding that the committee meeting of the respondent society dated 30.11.2007 was not properly conducted and as the appellant was a defaulter of Rs. 75,788/- on 25.8.2007 he under provision of section 48-AA and under Rule 44(h) held the appellant to be disqualified. The first appeal against this order dated 21.7.2008 was preferred before Joint Registrar Co-operative Societies, Bhopal, who vide the impugned order dated 31.3.2009 has only upheld the order of the Dy. Registrar finding no error in it. This second appeal has been filed against this order.

(3.) ACCORDING to the learned counsel as per u/s 48-AA (ii) the Registrar can disqualify a member in a situation when the committee of the society does not proceed against him. However, as per sub-section 48-AA (i), the Registrar does not have such jurisdiction.