YUMNAM RANJIT SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Heard Mr. Th. Jugindro, learned counsel appearing for the petitioners, Mr. A. Vashum, learned Government Advocate appearing for the respondents No. 1 and 2 and Mr. L. Anand, learned counsel appearing for the respondent No. 3.

(2.) The facts of the present case in a nutshell is that the petitioners are all elected members of the MACPMS Ltd., which is a Society registered under the Manipur Co-operative Societies Act 1976. The present Board of Directors of the society was elected in the special general body meeting held on 22/11/2017 and the term of their office is for the period of 5 years w.e.f. the date of election.

(3.) During the tenure of office of the present petitioners, the Registrar of Co-operative Societies issued an order dtd. 16/12/2019 constituting a three members committee to enquire into the constitution, working and financial affairs of the MACMS Ltd. under Sec. 83 of the Manipur Cooperative Societies Act, 1976. After holding an enquiry, the said committee submitted a report dtd. 6/1/2020 to the Registrar of Co-operative Societies stating, inter-alia, that the Chairman of the Society misapplied, retained, indulged into misefficient, misappropriated the society's fund amounting to rupees sixty-one Lakhs and not maintained records for the period from July, 2019 to November, 2019. On receiving the said report, the Deputy Registrar of Co-operative Societies, Manipur, sent a notice dtd. 6/6/2020 to the Chairman, MACMS Ltd. enclosing therein the said enquiry report and directing to explain within 15 days from the date of issue of the said notice as to why necessary action should not be taken up against him. Copy of the said notice dtd. 6/6/2020 was also furnished to the Board of Directors of the MACMS Ltd.