TARA PRASAD PATNAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner No. 1 is the elected Chairman and the petitioner Nos. 2 to 11 are the members of the elected Committee of Management of the Capital Urban House Building Cooperative Society Limited (In short the 'Society'), a. primary society within the meaning of the Orissa Cooperative Societies Act, 1962 (hereinafter referred to as 'the Act'). The said Committee of Management (in short the 'Committee') assumed office on September 2, 1997 for a period of 4 years. By an order dated July 30, 1999 the Deputy Registrar of Cooperative Society, Puri Division in exercise of his power Under Section 32 (7) of the Act placed the Committee of the Society under suspension. The petitioners have filed this writ application challenging the said order of suspension.

(2.) THE petitioners have challenged the legality of the impugned order of suspension contending inter alia, that the Deputy Registrar had no authority or jurisdiction to exercise power Under Section 32 (7) of the Act; that the impugned order was passed mala fide, without independent application of mind for extraneous reasons in order to disable the petitioner No. 1 to continue as the Chair person of the Orissa Cooperative Housing Corporation Ltd., an Apex Society of which the petitioner No. 1 is an Ex Offico member by virtue of being Chairman of the said Primary Society.

(3.) THE learned Addl. Govt. Advocate has produced the original records relating to impugned order of suspension and the proceeding Under Section 32 (1) of the Act. The opp. parties have also filed counter to the writ petition disclosing the reasons for placing the committee under suspension and dealing with the allegations made in the writ application.