RAMKUMAR SHARMA Vs. STATE OF M P

JUDGEMENT

(1.) HEARD . This petition has been filed against the order dt.13.3.2014 passed by the M.P.State Cooperative Tribunal in Revision No.139/2013. By the aforesaid order, the Tribunal has upheld the order passed by the Joint Registrar, Cooperative Societies in regard to appointment of OIC for the purpose of exercise of powers under Section 53 (12) of the Madhya Pradesh Cooperative Societies Act, 1960 (hereinafter referred to the 'Act of 1960').

(2.) THE election of the cooperative Society ­ "Ambah Marketing Cooperative Society" were held on 23.2.2011. In the aforesaid election, 10 Board of Directors out of 12 were elected. Subsequently, meetings were called for the purpose of holding elections of President, Vice President and other office bearers on 3.3.2013, 13.3.2013 and 20.3.2013. In the aforesaid meetings only 6 Board of Directors out of 10 were present. Hence, the elections could not be held because as held by the Tribunal in accordance with byelaws of the Society, presence of 7 Board of

(3.) DIRECTORS of the Society is necessary. Rule 43 of the Madhya Pradesh Co -operative Societies Rules, 1962 (hereinafter referred to the 'Rules of 1962') prescribes appointment of Committee. Rule 43 (6) of the Rules is in regard to quorum of the meeting. The aforesaid rule is as under : -