RAMASHANKAR MISHRA Vs. JOINT REGISTRAR COOP SOCIETIES

JUDGEMENT

(1.) THIS order shall also govern the disposal of FA No. 16/2005, 30/ 2004, 31/2004 and 32/2004 as they are off-shoots of the same matter.

(2.) BEING aggrieved with the order dated 12.3.2004 passed by Joint Registrar, Coop. Societies, Rewa, u/s 53 (13) of M.P. Cooperative Societies Act, 1960 (for short "the Act"), the appellants Shri Ramashankar Mishra and Kaushlesh Prasad Dwivedi have preferred this appeal u/s 78 of the Act, whereas S/Shri Sunderlal Tiwari, Shishir Tiwari, Smt. Manjulata Tiwari have preferred appeals against the impugned order dated 12.3.2004 passed by Joint Registrar, Cooperative Societies, Rewa, u/s 19-AA (now section 48-AA of the Act) of the Act.

(3.) THE grievance of the appellants is that the order dated 12.3.2004 passed u/s 19-AA (now 48-AA) of the Act is illegal because the said order was passed in violation of section 19-AA (i). The Committee was not given an opportunity to act under the aforesaid provision and the Court below directly adhered to the provision of section 19-AA (ii) of the Act. Apart from it, the order dated 12.3.2004 u/s 53 (13) of the Act is also illegal and arbitrary because there was no shortfall of the quorum. It is contended that the quorum should be calculated on the basis of the number of the members available in the Committee and not on the basis of the number of the members provided in by-laws. It is urged that rule 43 (6) of M.P. Cooperative Societies Rules, 1962 (for short "the Rules") is misconstrued. Reliance is placed on Ashok Maniklal Harkut v. Collector of Amravati [AIR 1988 Bombay 207], Gurmukh Singh Horn v. State of Chhattisgarh [2005 (1) BLJ 22 = CTJ 201] and P. Bubair Kunju v. Joint Registrar, Cooperative Societies, Kerala [1991 Coop. Cases 427 (Kerala High Court)].