K G ANSARI Vs. S P AGARWAL

JUDGEMENT

(1.) THIS is a petition under Article 215, Constitution of India read with Section 10 of the Contempt of Courts Act for taking suitable action against the two non-applicants/contemners for flagrant violation of the orders, particularly the orders dated 4-7-1988 passed by Registrar, Co-operative societies, Bilaspur.

(2.) (i) It is common ground that the petitioner/applicant is a member of the managing Committee of the Bilaspur Grah Nirman Sahkari Samiti Maryadit (for short Society ). It has 13 elected and 5 nominated members on its Managing committee. The Managing Director of the Society is also one Ex-Officio Member. The society has large membership and has built number of colonies. (ii) The Chairman of the Society viz. Shri D. P. Choubey expired on 19-6-1988. According to Rule 43 (2-A) of the Co-operative Societies Rules (for short Co-op. Soc. Rules) read with Bye-law 28 of the Bye-laws of the Society, that vacancy could be filled up by the remaining members of the Managing Committee after co-opting a person in the said vacancy of the Managing Committee. (iii) It is undisputed that N. A. No. 1 Shri S. P. Agarwal, Vice-Chairman convened the meeting of the Managing Committee by notice dated 30-6-1988 for filling the casual vacancy. The Deputy Registrar, on an application made to him by some members of the Society, passed an order dated 2-7-1988 staying the meeting to be held on 4-7-1988 till further orders. On the basis of that order, Managing director cancelled the meeting dated 4-7-1988 and sent a communication to all the members. (iv) It is further undisputed that N. A. No. 1 Shri S. P. Agarwal, Vice-Chairman, then wrote a letter to the Managing Director stating "that the Deputy Registrar has no legal authority to pass such stay order and therefore, the meeting would be held as scheduled and all the members and the Deputy Registrar be also informed accordingly". (Ann. C ).

(3.) AT that, the applicant Shri K. G. Ansari and one Shri Badri Prasad, also a member of Managing Committee (for short M. C.) moved Deputy Registrar, which is an application purporting to be under Section 64 of the M. P. Cooperative societies Act (for short Coop. Soc. Act) challenging the validity of the meeting convened on 4-7-1988 said to be in violation of Rule 43 (2-A) read with Bye-law 28 and Ordinance No. 3 of 1988 besides some other allegations (Ann. D ). The Deputy registrar then passed orders dated 4-7-1988 staying conduction of the meeting scheduled on 4-7-1988 till further orders (Ann. E ).