MAHENDRA PAL SINGH Vs. SURENDRA PAL SINGH

JUDGEMENT

(1.) CASE called out. None is present on behalf of the parties although notice for hearing of this appeal on date was issued to both the parties. None has come forward despite the cause list being shown on the website of this Commission. As it is 16 years old appeal we deem it appropriate to decide it on merit.

(2.) THE dispute pertains to the bank account of the C.P. Educational Society, Pathwari, Agra. The account number in question is 6766 with the United Bank of India, Bellenganj, Agra. Whereas the respondent/complainant Surendra Pal Singh staked his claim to operate the above mentioned account in his capacity as Secretary of the Society, the appellant Mahendra Pal Singh submitted that the election of Surendra Pal Singh was not in consonance with the provisions of the Act and was null and void. However, the Assistant Registrar of the Cooperative Societies accorded sanction to the election of Surendra Pal Singh but against the said approval Sri Mahendra Pal Singh preferred a writ petition in the Allahabad High Court. The High Court granted a stay order on 10.10.1991 and thus he claimed himself to be the appropriate authority to operate the account. The election of 3.12.1991 was also challenged by way of filing a writ petition although no stay order had been granted.

(3.) THE District Consumer Forum having scrutinized the facts and circumstances of the case recorded a finding that since the result of the election held on 3.12.1991 in which Surendra Pal Singh was elected as Secretary had not been stayed, he was entitled to operate the account.