SHIVRAJ SINGH Vs. ZILA SAHAKARI BHOOMI VIKAS BANK

JUDGEMENT

(1.) THE order in this petition shall also decide the connected Writ Petitions Nos. 3392 of 1997 [Harishankar Kushwaha & another v. Zila Sahakari Bhoomi Vikas Bank] and 3407 of 1997 [Kamal Narayan Singh and 22 others v. Zila Sahakari Bhoomi Vikas Bank & others].

(2.) PETITIONER Shivraj Singh in W.P. No. 3410/97 assails termination of his services as Senior Branch Manager of Zila Sahakari Bhoomi Bank Maryadit, Sidhi (hereinafter referred to as 'the Bank' for short). The two petitioners in W.P. No. 3392/97 assail their termination of services as Branch Manager and Clerk respectively in the bank. In W.P. No. 3407/97, 23 employees of the bank serving on different posts i.e. Supervisors, Clerks, Peons and Choukidars have assailed their terminations from the services of the bank.

(3.) THE above mentioned bank at Sidhi is a co-operative society registered under and governed by the provisions of M.P. Co-operative Socieities Act, 1960 (hereinafter referred to as 'the Act') and the rules framed thereunder as also by the bye-laws of the society. In accordance with the bye-laws of the society, the supreme administrative body of the bank is the Board of Managing Directors which is headed by an elected Chairman and two Vice Chairman of which, as per bye-law 29(3), one should be occupied by a woman candidate. The elected Chairman of the Bank Shri Rajbali Singh on his appointment as Chairman to another co-operative bank resigned from the office of the present bank on 23.6.1997. The vacancy caused by resignation of the elected Chairman is to be filled, in accordance with bye-law 31(2), by calling a special meeting of the Board of Directors to be presided over by an Election Officer to be designated or nominated by the Registrar of Co-operative Societies. In exercise of those powers under the bye-law read with Rule 41(26) of the Rules under the Act, the Joint Registrar of Co-operative Societies on 26.6.1997 empowered Shri M.B. Singh, Additional Collector, Rewa to preside over the meeting for holding election to the office of Chairman in the bank.