CHANDRA SHAKHER DIMOLE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Appeal under Section 2(1) of the M.P. Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005 is directed against the order dated 19.02.2020 passed in Writ Petition No.27242/2019.

(2.) Appellant-Petitioner, Assistant Society Manager in Primary Agriculture Credit Co-operative Society, Rasena, District Sagar was subjected to registration of Criminal Case No.195/2019 under Section 13(1)(b) read with 13(2) of the Prevention of Corruption Act , 1988 (as amended in 2018), by Lokayukta for having disproportionate property. The registration of Criminal case led the Board of Directors in its meeting held on 06.12.2019 resolve his removal. Consequent whereof, vide order dated 07.12.2019, he was removed from the post of Assistant Society Manager. Petitioner challenged the resolution in the subject Writ Petition primarily on the ground that there was no proper quorum, as out of 13 members constituting a Board of Directors as per Clause 30(1) of the Bye-laws of the Society, the resolution was passed in presence of 5 Directors, contrary to the stipulation contained under sub-Rule (6) of Rule 43 of the Madhya Pradesh Co-operative Societies Rules, 1962 (for short 'Rules of 1962').

(3.) Learned Single Judge adverting to Clause 30(1) of the Bye-laws found that it only provides for the constitution of Board of Directors and further found that "no documents has been filed which may show the quorum prescribed for holding a meeting as per the bye laws." Even before us no cogent material is commended at to establish as to what shall be the quorum for holding the meeting. Be that as it may. Thereafter, on a finding that the Board of Directors at the given point of time consisted 10 persons, out of whom, two persons, viz. Anandi Adivasi and Seetaram Patel died on 13.12.2017 and 31.12.2017, interpreted the expression "total number of members" as it appears in sub-rule (6) of Rule 43 of the Rules of 1962 to mean "total number, who are entitled to sit and vote at a given point of time." Learned Single Judge relied upon the decision in Ashok Maniklal Harkut vs. The Collector of Amravati AIR 1988 Bom 207 (FB) and the judgment in Sukendra Singh vs. State of M.P . 2008 RN 353 by Division Bench of our Court that the "quorum is to be considered on the basis of the persons already elected and not on the basis of the total strength to be elected.