ANKUR TRIVEDI Vs. THE STATE OF M.P.

JUDGEMENT

(1.) This petition is filed as Public Interest Litigation firstly to cancel the decision dated 26/27-8-2014 passed by the respondent No. 2 and essentially to declare that respondents No. 6 to 18 have rendered themselves ineligible to remain as Members of the Board of Directors due to expiry of the term of the existing Board of Directors, on 27.05.2014.

(2.) The respondent No. 5-Society is a District Cooperative Central Bank and governed by the provisions of Madhya Pradesh Cooperative Societies Act, 1960 as amended from time to time. The existing Board of Directors was elected in the year 2007. The first meeting of the Board was convened on 16.10.2007. As per the provisions of Section 49 of the Act of 1960, ordinarily, the term of office of the outgoing Board was till 15.10.2012. However, the Board was superseded by an order dated 30.09.2011, which order became the subject matter of challenge and culminated with the decision of Apex Court in favour of the Board in Civil Appeal No. 4691/2013 decided by the Supreme Court on May 16, 2013 in the case of State of M.P. and Others vs. Sanjay Nagayach and Others. As per the directions issued by the Supreme Court in the said decision, the Board of Directors was reinstated in office and could continue till 27th May, 2014 being extended term of that Board by virtue of Section 49(7-A)(i) proviso. These are indisputable facts and admitted by both the sides.

(3.) The matter in issue arises on account of expiry of the term of the outgoing Board on 27.05.2014. According to the petitioners, as the election to install newly elected Board of Directors was not conducted within the specified time, only option was to supersede the said Board by appointing Administrator to look after the affairs of the Society.