CHHATRAPAL SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) THE petitioners have filed this petition against the order dt.9.12.2009 (Annexure P/2) passed by the Joint Registrar, by which the Board of Directors of the Bank were superseded and also against the order dt.5.4.2011 (Annexure P/1) passed by the M.P.State Co -operative Tribunal, Bhopal.

(2.) THE petitioners are the elected Board of Directors and one of them is the President of District Cooperative Agriculture and Rural Development Bank Maryadit Datia. They were elected to their respective posts in the election held on 4.4.2008 for a period of five years.

(3.) LEARNED senior counsel appearing on behalf of the petitioners has contended that the order of supersession was against the provisions of the Act of 1960. There was no effective consultation in accordance with the provisions of Section 53 (7) of the Act of 1960. Joint Registrar acted malafidely under the influence of Minister from Datia because the elected members of the Board of Directors had association with another political party. He further submitted that there were no lapses on the part of the Board of Directors neither any opportunity was afforded to the Board to rectify the mistakes mentioned in the show cause notice. Learned senior counsel further pleaded that in regard to illegality, if there were any committed by the earlier Board, subsequent board could not be superseded. In support of his contentions, learned senior counsel relied on the following judgments : -