NG PASHOT DEVI Vs. L SULOCHANA DEVI

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 22-11-94 passed by a learned Single Judge in Civil Rule No. 1030/94 setting aside the Annexure A/49 order dated 13-9-94 passed by the Additional Chief Secretary to the Government of Manipur.

(2.) The facts of the case for the purpose of this appeal may be stated as follows : The present appellants are the Directors of a co-operative society known as Manipur State Handloom Weavers Co-operative Society Ltd. a society registered under the Manipur Co-operative Societies Act. The said appellants along with others were elected members of the Board of Directors. The 1st and 2nd respondents were elected President and Vice-President respectively. Life of the Board was three years, to expire on 24-4-95. Certain allegations of mis-management, malpractice and misuse of Society's fund were brought to the notice of the Registrar Four members of the Board of Directors out of total seven numbers meanwhile submitted their resignations on 28-6-94 before the 7th respondent Registrar of Co-operative Societies alleging the corrupt practice adopted by the President and the Vice-President i.e. 1st and 2nd respondents had urged the 7th respondent to take appropriate action in accordance with law 7th respondent by letter dated 26-8-94 addressed to the Additional Chief Secretary (Coop.), Government of Manipur respondent No. 6 requested him to take action and to dissolve the Board as per the provisions of law. On receipt of the said request the 6th respondent passed the impugned order. Being aggrieved the 1st and 2nd respondents along with two other directors of the Board approached this Court to filing writ application (Civil Rule No. 1030/540.) The said Civil Rule was disposed of by a learned Single Judge setting aside the Annexure-A9 order passed by the respondent. Hence the present appeal.

(3.) We have heard Mr. N. Karan Singh learned counsel appearing on behalf of the respondents, M. N. Sanjamani Singh, learned counsel appearing on behalf of respondents 1 to 4 and M. A. Jagat Chandra learned counsel appearing on behalf of respondents 5 to 8.