KEITHELLAKPAM NABAKANTA SINGH Vs. CHONGTHAM RAMANANDA SINGH

JUDGEMENT

(1.) THIS petition under Art.227 of the Constitution of India has been filed challenging the legality of the order dated 21.5.2014 passed by the Presiding Officer, State Cooperative Tribunal, Manipur in Cooperative Appeal Case No. 1 of 2014. The petitioner, in this application, had preferred appeal before the Tribunal.

(2.) THE Chairman, Manipur Milk Producer's Co -Operative Union Ltd. issued a notice/notification on 17.1.2014 published in the Newspaper calling for Special General Body meeting. The said notice issued by the Chairman was the subject matter of challenge in appeal before the Tribunal.

(3.) IT was contended on behalf of the petitioner before the Tribunal that the Chairman of the Union/Chairman of the Board of Directors, as per the provisions contained in the bye -laws, has no authority to convene General Body meeting or Special General Body meeting and reliance was placed by the petitioner specially on clause 26.2.15 of the bye -laws to substantiate the submission that it is the Managing Director of the Union alone who is authorised to convene the General Body meeting or Special General Body meeting. The respondents contended before the Tribunal that as per the amended bye -laws as well as under section 76(1) of the Manipur Co -operative Societies Act, 1976 the Chairman is also authorised to convene a General Body meeting or a Special General Body meeting and therefore, there is no illegality on the part of the Chairman in issuing the impugned notice dated 17.1.2014.