VIJAY THAKUR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Present writ petition filed under Art. 226 of Constitution of India lays challenge to impugned order dated 6.7.2020 (annexure P-3) passed by Registrar Cooperative Societies, Himachal Pradesh, in purported compliance of directions issued by Division Bench of this Court in CWP No. 1783 of 2020, whereby Division Bench of this Court, while refraining from expressing any opinion on merit, directed Registrar, Cooperative Societies to exercise power in terms of Section 37 of Act, for the purpose of smooth functioning and management of affairs of respondent No.3 Bank till new body comes into existence on 15.9.2020.

(2.) Precisely, the facts of the case as emerge from the record, are that respondent No.4, Shri Raj Kumar Negi, a former Director, of respondent No. 3 Bank filed CWP No. 1783 of 2020, seeking therein direction to respondent no. 2 for appointment of an Administrator on account of resignation of seven Directors. Respondent No.4 in the aforesaid petition claimed that since out of twelve Director, seven have resigned, Board has virtually become defunct and it is necessary to appoint an Administrator for smooth functioning of the Bank. Besides above, petitioner claimed that Managing Director of the respondent Bank has issued election programme for election of Board Directors, perusal whereof reveals that elections are to be held on 15.9.2020, whereafter, new body would come into existence and till then, for smooth functioning of the bank, Registrar, Cooperative Societies be directed to appoint an Administrator, while exercising power under Section 37.

(3.) Perusal of judgment dated 22.6.2020, passed by Division Bench of this Court in the said petition reveals that having taken note of the fact that some of Directors have resigned, Division Bench of this Court disposed of the petition without expressing any opinion on merit, with a direction to respondent No. 2 to pass appropriate orders under S.37 of the Act ibid, within a period of two weeks.