CHAGAN SINGH Vs. JOINT REGISTRAR

JUDGEMENT

(1.) APPELLANTS have preferred First Appeal u/s 78 of M.P. Co-operative Societies Act, 1960 (for short, 'the Act'), challenging the order dated

(2.) 12.2004 passed u/s 53 (11) of the Act by Joint Registrar Co-operative Societies, Bhopal. 2. Facts giving rise to this appeal are that the election of the Managing Committee of the respondent No. 2, Bank was held on 21.3.2002. Appellant No. 1 was elected Chairman and appellants No. 2 and 3 were elected as Vice Chairman of the Managing Committee. Remaining appellants were elected Members of the Managing Committee. The Committee took charge on 27.3.2002. Joint Registrar, Bhopal issued show cause notice u/s 53(11) of the Act on 9.9.2004 to the appellants mainly on the ground that the recovery of the respondent No. 2 Bank was less than 65% of the demand, continuously for the years, 2001-2002,2002-2003,2003-2004. The appellants were called upon to submit their reply to the show cause notice on 27.9.2004. Perusuant to the notice, the appellant No. 1 appeared in person and submitted a written reply through counsel. The supplementary reply was filed on behalf of the appellants on 17.11.2004. Thereafter, the impugned order was passed on 2.12.2004.

(3.) THE counsel for the appellants has submitted as under :