NAWAL KISHORE PRASAD SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both these applications have been heard together and will be governed by this common judgment. In these applications prayer has been made to quash the order of the Registrar. Co-operative Societies who, in exercise of powers conferred under Section 14 (2) of the Bihar and Orissa Co-operative Societies Act. 1935 (hereinafter referred to as the Act), has held that in view of stay order the term of the Board of Directors of the Bank has come to an end and the Board stand superseded with effect from 1-1-1081. In the meantime special officers were appointed for four months to look after the affairs of the Society and election was to be held on or before 30-4-1981 The aforesaid order is Annexure l in C. W. J. C. 320 of 1981 and Annexure-8 in the other writ application.

(2.) In order to appreciate the points it will be necessary to state some facts which is mentioned from C. W. J. C. 417 of 1981 which has been filed by the Secretary, Board of Directors and Patliputra Central Co-operative Bank Ltd. (hereinafter referred to as the Bank). C. W. J. C. 320 of 1981 has been filed by one of the Directors of Bank. The last annual general meeting of the Bank was held on 28-9-1977 and Directors were elected in the aforesaid meeting, and their term was for three Co-operative years and this was to expire on 30-6-1980. They were, however, to continue in office till the fresh election or six months whichever is earlier. The extended period of six months was to expire on 31-12-1980. The preliminary general meeting of the Bank for the election of the delegates was held on two dates, 23-11-1980 and 24-11-1980, and 14-12-1980 was the date fixed for the annual general meeting for electing the Board of Directors for which notice was issued to the persons concerned. A copy of the same has been filed as Annexure-2 in C. W. J. C. 320 of 1981. On 2-12-1980 respondent No. 5 filed an application before the Joint Registrar pointing various irregularities in the preliminary general meeting held on the two aforesaid dates and that gave rise to dispute No. 17/1980. Intervener respondent No. 7. Dharmendra Prasad, on 11-12-1980 filed an application before the Minister, Co-operation, respondent No. 3, which was registered as Election Dispute Case No. 30 of 1960 and it was adjourned to the next day. The Minister by his order dated 12-12-1980 stayed the meeting which was to be held on 14-12-1980, a copy of the order is filed herewith and marked Annexure-3. The annual general meeting of the Bank was again adjourned to 30-12-1980 vide Annexure-4 for electing the office bearers. On 23-12-1980 one Rajeshwar Singh, one of the members of the Society, filed an application in this Court which was registered as C.W.J.C. No. 3235 of 1980 and if was adjourned to 8-1-1981 and it was ordered that in the mean time no election should be held; a copy of the order is Annexure-9. On 27-12-1980 respondent No. 3 in Election Dispute Case No. 30/1980 ordered that in view of the order passed by this Court on 23-12-1980 no election should be held: a copy of the order is Annexure-C in the counter-affidavit filed by intervener respondent No. 7. The annual general meeting of the Bank was held on 30-12-1980 in which Board of Directors were elected and also the office bearers, a copy of the proceeding is filed herewith and marked Annexure-5. On the following day (31-12-1980) copies of the proceedings of the meeting were sent to Registrar and others concerned and on the same day the meeting of the newly elected member of the Board of Directors was held in which some business was also transacted; a copy of the proceeding has been filed as Annexure-6. Another meeting was also held on 5-1-1981, An-nexure-7. It is stated that the petitioners in C. W. J. C. 417 of 1981 went to the office and learnt that special officers have been appointed on 10-1-1981. Being aggrieved by the aforesaid order the petitioners have moved this Court for quashing Annexure-1 and Annexure-8 in the two applications.

(3.) C. W. J. C. 32G of 1981 was placed for admission on 2-2-1981 the operation of the order contained in Annexure-1 was stayed. Dharmendra Prasad filed an application for being impleaded as intervener respondent No. 7 and this Court by its order dated 21-4-1981 allowed the prayer. A petition was also filed on his behalf for vacating the order of stay and it was ordered on 5-5-1981 that the main application itself should be heard.