PADMA CHARAN Vs. REGISTRAR OF CO OP SOC

JUDGEMENT

(1.) The Managing committee of the United Puri-Nimapara Central Co-operative Bank (opposite party No. 15) was superseded under Section 32(1) of the Orissa Cooperative Societies Act (hereinafter called Act) by ordef dated 1 -12-1978, and the Collector of Puri was appointed as the Administrator. In August, 1979, the Registrar of Cooperative Societies asked for the consent of the petitioner to be a member of the Committee of Administrators for the said Bank and after petitioner consented, on 31st of August. 1979, as psr Annexure 3. a Committee of Administrators with seven members including the petitioner was constituted in place of the Collector. In the Committee petitioner who was then a sitting member of Parliament and two members of the State Legislature were included. On: 7th of March, 1980, vide Annexure 4. the Registrar reconstituted the Committee of Administrators by dropping the petitioner as also the two other legislators and in the reconstituted Managing Committee there were eleven members in all with the Deputy Registrar of Co-operative Societies, Bhubaneswar Division, as the Chief Administrator. Four members were common in both the Committees and place of the three ejected representatives of the people included in the first Committee of Administrators seven other were taken in the reconstituted Committee of Administrators, Challenge in this application is to the reconstitution of the Committee of Administrators and dropping of the petitioner torn the reconstituted body without complying with the procedure laid down in Section 32(1) of the Act and alternately on the ground that without affording reasonable opportunity of being heard, the petitioner has been excluded from the Committee. According to the petitioner under Section 32 (1) ot the Act, after the Committee is removed, the Registrar has three alternatives: .

(2.) On behalf of the opposite parties 1 to 4 a counter- affidavit has been filed in support of the action taken and it has been contended that the order under Annexure 4 is not open to challenge on either count.

(3.) Section 32(1) of the Act authorises the Registrar to remove the Committee of Management on the grounds specified therein, "Committee" has been defined in Section 2(c) of the Act to mean.