GULAB SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner Gulab Singh was elected as a Chairman of the Board of Directors of the Hisar District Central Co-operative Bank Limited, Hisar (here-in-after referred to as the Bank') on 3.10.1997. On 1.1.1999, respondent Nos. 6 to 17 made a request to the Registrar, Cooperative Societies, Haryana (respondent No. 5) for convening a meeting of the Board of Directors of the Bank for the purpose of no-confidence motion against the petitioner. Respondent No. 2 forwarded the requisition to the Managing Director of the Bank (respondent No. 5) for further action. On 9.12.1999, respondent No. 2 .for (sic) Agenda for holding a meeting of the Board of Directors of the Bank on 27.12.1999 to consider the request of the Directors regarding the no-confidence motion against the petitioner,

(2.) The contention of the petitioner is that the impugned requisition dated 1.12.1999 (copy Annexure P/2) and Impugned Agenda dated 9.12.1999 (copy Annexure P/3) circulated for the purpose of holding a meeting of no-confidence motion against the petitioner are contrary to the mandatory provisions of the Act and liable to be set aside. Petitioner has contended that according to Section 30-A of the Haryana Co-operative Societies Act, 1984 (hereinafter referred to as 'the Act'), the motion of no-confidence could be brought only if there are specific allegations levelled against the Chairman and according to the petitioner, no specific allegations were levelled against him and therefore, the motion of no-confidence could not have been brought. Petitioner has prayed that the impugned Agenda dated 9.12.1999 for convening a meeting of the Board of Directors of the Bank and the impugned requisition dated 1.12.1999 made by respondent Nos. 6 and 17 (copy Annexure P/2) be quashed. He has also made an interim prayer for staying the operation of Annexures P/2 and P/3 during the pendency of this writ petition and that the Managing Director of the Bank be restrained from holding a meeting of the Board of Directors.

(3.) When this case came up for motion hearing on 20.12.1999, this Court issued notice of motion for 23.12.1999. Again after service of the notices on the respondents (except respondent Nos. 10 and 16), it was ordered that the meeting in furtherance of the notice already issued and stated to be fixed for December 27, 1999 may be held, but the resolution, if any, passed in the meeting would not be given effect to. till further orders of this Court. Written statements were filed by respondent No. 5 and also by respondents Nos. 6 to 10, 12, 13 and 16.