BOARD OF DIRECTOR Vs. REGISTRAR COOP SOCIETIES

JUDGEMENT

(1.) THIS second appeal filed against the order of Registrar Cooperative Societies, Bhopal in Case No. 78-359/06-07 passed on 1.10.2007 has originally been decided by the Tribunal by its order dated 14.8.2008. As the respondents had preferred writ petition No. 5313/2008 in which Hon'ble High Court through its order dated 22.9.2008 has directed the Tribunal "to reconsider the matter of handing over the charge in accordance with law laid down by the apex Court as well as also take into consideration the agreement between the parties in the earlier litigation as noticed above."

(2.) AS the present order is being passed in compliance of the directions of Hon'ble High Court in continuation of the order passed by the Tribunal on 14.8.2008 in the instant second appeal itself, this order naturally forms the supplementary part of the earlier order. Therefore the facts, of the appeal as mentioned in the former part need not be repeated here. However, to be brief and precise it can be stated that the order of the Tribunal was a sequence of the original order of Assistant Registrar, Coop. Societies, Neemuch superseding the Board of Directors of the appellant's under section 53 (1) of M.P. Cooperative Societies Act, 1960 (in brief Act) dated 8.1.2007 which was upheld by the Registrar Cooperative Societies, Bhopal through the impugned order dated 1.10.2007. The Tribunal after hearing the matter in Second Appeal in its order dated 14.8.2008 had held that the order of the Assistant Registrar u/s 53 (1) as well as the order of the Registrar in First Appeal dated 1.10.2007 were wrongful and they were consequently set aside. The Tribunal also had held that the affected directors of the outgoing Board would not incur any disqualification according to section 53 (12) of the Act. However, as the fresh elections of the respondent society had already taken place on 27.7.2007, the appeal was taken to be rendered infructuous through the flux of time and no relief in this regard was granted.

(3.) AFTER hearing the two sides in accordance with the direction of Hon'ble High Court following facts emerged for the Tribunal to consider.