SUKHENDRA SINGH Vs. STATE OF M P

JUDGEMENT

(1.) SHRI Shukla informs the Court that respondents No. 1 to 4 have already filed their reply. It is submitted by Shri Shukla that in accordance with the bye- laws, the cooperatives can be joined as members but they would have no right of voting nor such cooperative or its representatives can be appointed as a Director. Undisputedly, the respondents No. 5 and 6 fall under category C.

(2.) SHRI Manikant Sharma, learned counsel for respondent No. 5 submits that the respondent No. 5 has been nominated as Chairman and as assumption of the charge by respondent No. 5 is not subject-matter of this writ petition, this Court is not required to consider that aspect of the matter. He however fairly concedes that if the cooperative falls within Clause C then its representative would have no right to represent in the management or contest the election.

(3.) SHRI Shukla, learned Deputy Advocate General for the State submits that in the case like present if the Court takes the view that the Quorum is to be taken on the basis of the elected members who have been really elected then Rule 41(13) must be taken into consideration and the Society should be asked to nominate persons to fill-up the remaining seats.