CHANDRA SHEKHAR SAHU Vs. STATE OF MP

JUDGEMENT

(1.) The petitioner is a member of a Co-operative Society known as "Cheritas Sahkari Upbhokta Bhandar, Damoh Naka, Jabalpur" and has filed this writ petition praying interdict for direction to remove the respondent No. 5 from the post of Chairman of the District Central Co-operative Bank Limited, Jabalpur (respondent No. 4).

(2.) The facts relevant for disposal of this writ petition are that the respondent No. 2, Registrar Co-operative Societies, issued an election programme of the District Central Co-operative Bank in the State of Madhya Pradesh. For the elections of the District Central Co-operative Bank Ltd., Jabalpur, a list of members was issued on 10.9.2007. In the list of members, Nunsar Vrihattakar Seva Sahkari Samiti Maryadit was shown to be a member. The case of the petitioner is that Nunsar Vrihattakar Seva Sahkari Samiti Maryadit has not paid its dues to the District Central Co-operative Bank Ltd., for more than twelve months and was, therefore, a defaulter and had no right to elect its representative to the District Central Co-operative Bank Ltd., Jabalpur, and yet the Nunsar Vrihattakar Seva Sahakari Samiri Maryadit elected respondent No. 5 as its representative to the District Central Co-operative Bank Ltd., Jabalpur. The further case of the petitioner is that the respondent No. 5 was appointed twice on the post of Chairman of the District Central Co-operative Bank Ltd., Jabalpur, by orders dated 30.9.2006 and 11.10.2006 and as per the provisions of sub-section (5) of section 48-A of the M.P. Co-operative Societies Act, 1960 (for short 'the Act'), no person who was appointed for two consecutive terms to any specified office, can be re-elected and yet the respondent No. 5 was elected as Chairman of the District Central Co-operative Bank Ltd., Jabalpur, on 9.10.2007 and thereafter again on 7.1.2008.

(3.) Mr. D.K. Dixit, learned counsel for the petitioner submitted that section 48-A of the Act provides in sub-section (5) that no person shall be eligible to be elected or appointed to any specified office in a society, if he has held specified office in the society for two consecutive terms or for a continuous period of eleven years, whichever is less. He submitted that respondent No. 5 was appointed as Chairman of the District Central Co-operative Bank Ltd., Jabalpur, by orders dated 30/9/2006 and 11/10/2006 of the Registrar, Co-operative Societies, Jabalpur, under section 53 (13) of the Act and therefore, had completed two terms in the specified office of the Chairman of the District Central Co-operative Bank Ltd., Jabalpur and was not eligible to be elected or appointed as Chairman of the District Central Co-operative Bank Ltd., Jabalpur, by virtue of sub-section (5) of section 48-A of the Act.