SHRIPAL SINGH Vs. JOINT REGISTRAR

JUDGEMENT

(1.) APPELLANT has preferred appeal u/s 78 (1) of M.P. Cooperative Societies Act, 1960 (for short the Act) challenging the order dated 19.4.2006 passed by Joint Registrar, Coop. Societies, Sagar u/s 50-A (i-a) of the Act read with Rule 44 (i) (h) of M.P. Coop. Societies Rules 1962 (for short the Rules).

(2.) BRIEF facts are that the appellant was member of Sewa Sahakari Samiti Mydt. Barigarh, District chhatarpur (for short Samiti). Being representative of the aforesaid Samiti he was Member of Zila Sahakari Krishi Evam Gramin Vikas Bank Chhatarpur (for short the Bank). He was elected member of board of directors of the aforesaid bank on 13.10.2001. Dy. Registrar Chhatarpur vide his letter dated 29.3.2006 informed Joint Registrar Sagar that the appellant had taken short term loan of Rs. 6,000/- from Barigarh Samiti on 29.6.2000 which was converted into mid-term loan on 15.3.2001. The appellant failed to deposit the instalments and as such Rs. 6,000/- principal amount plus Rs. 5,055/- interest was over due to the appellant. As such the appellant got into default to the society for a period exceeding 12 months in respect of the aforesaid loan amount. On the basis of the aforesaid letter of Dy. Registrar, Joint Registrar issued a show cause notice u/s 50-A (i-a) of the Act and under Rule 44 (i) (h) of Rules 1962 on 3.4.2006 to the appellant, calling upon the appellant why he be not disqualified for being Director of the Bank. The appellant appeared before Joint Registrar on 17.4.2006. Joint Registrar vide impugned order dated 19.4.2006 disqualified the appellant from being the Director of the Bank. Hence this appeal.

(3.) MY findings are as under :