THABIR CHARAN MISHRA Vs. MEMBER STATE CO OPERATIVE

JUDGEMENT

(1.) THE petitioner who claims to have been elected as President of the Urban Co -operative Bank Limited, Rourkela challenges the order dated 8.8.2003 passed by the Member, Co -operative Tribunal, Bhubaneswar in Case No. MC -156/03(ED -81/03) rejecting his application for vacating interim order passed by the Tribunal on 28.7.2003.

(2.) FROM the record it appears that one Jugal Kishore Guru filed Case No. CTED -79/2003 before the Member, Cooperative Tribunal, Bhubaneswar raising an election dispute with a prayer to set aside/quash election notice dated 12.5.2003, election result dated 13.7.2003 as well as notice dated 15.7.2003 for election of the President with a further prayer to hold denovo election. The Tribunal though entertained the application and admitted the dispute case, rejected prayer for interim orders on the ground that the election process to the office of the President has already been started and it cannot be held up as per Section 28 -B of the Orissa Co -operative Societies Act. It further appears that very same election was also challenged by the present opposite parties 2 and 3 before the Tribunal and the case was registered as Misc. Case No. 156 of 2003 (ED -81/03). An application for interim orders was also filed along with the election dispute which was registered as Misc. Case No. 148 of 2003. While entertaining the dispute case the Tribunal passed interim order directing that the election process may go on and result may be declared, but the actual implementation thereof shall not take place unless sanctioned by the Tribunal. Thereafter, it appears that the present petitioner appeared before the Tribunal and filed an application for vacating the said interim order. The same was rejected by order dated 8.8.2003 which is impugned before this Court in this writ application.

(3.) WE , therefore, allow the writ application, set aside the order dated 8.8.2003 passed by the Member, Co -operative Tribunal, Bhubaneswar in Annexure -5 as well as the order passed by the Tribunal in Annexure -4 granting interim order and direct that the Tribunal shall make all efforts to dispose of the election dispute as early as possible preferably within a period of four months. It was contended by the learned counsel for the petitioner that written statement on behalf of the petitioner has not been filed as yet. We, therefore, direct the petitioner to file written statement within 15 days from today so that the Tribunal shall be in a position to dispose of the case within the period indicated above. With the aforesaid observation and direction, the writ application is disposed of. Urgent certified copy of the order be granted on proper application.