BHAGWAT PRASAD Vs. PRESIDENT, HARIJAN MACHYA SHAHAKARI SAMITI

JUDGEMENT

(1.) CHALLENGE in this petition is to the legality and validity of the order dated 11.8.2003 (Annexure P -6), passed by the Assistant Registrar, Cooperative Society, Janjgir, District Janjgir - Champa, whereunder the resolution for expulsion of the petitioners from membership of Harijan Machya Shahkari Samiti (respondent No. 2), was approved.

(2.) THE indisputable facts, in nutshell, are that the petitioners alongwith others formed the respondent No. 2/Samiti and the same was registered under the Cooperative Societies Act, 1960 (for short "the Act, 1960"). The respondent No. 2/ Samiti was engaged in the business of fishing and profit and loss was shared amongst the members of the Samiti.

(3.) IN the meantime, the respondent No. 2/ Samiti, vide notification dated 18.3.2002, expel the petitioners from the Samiti, without affording an opportunity of hearing and without show cause notice. The petitioners preferred an application before the Registrar, Cooperative Societies, praying that the removal of the petitioners was illegal for want of compliance of statutory requirement before their expulsion from the respondent No. 2/ Samiti.