RAGHUBANSH NARAYAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioners have moved the Court seeking the following reliefs:

(3.) The petitioner no. 1 was elected Vice Chairman of the Vaishali District Central Co-operative Bank Limited, Hajipur (hereinafter referred to as the 'Bank') in election held on 27/11/2012. The petitioners no. 2 to 4 were elected as Directors of the Bank in the election held on the same day. On 16/3/2016, the petitioners are said to have called a press conference in which they have made remarks with regard to the malfunctioning of the Bank and its poor financial position. The said press conference was reported in the daily newspapers in the edition dtd. 17/3/2016. On the same day, the Managing Director of the Bank under Letter No. 992 convened a Special Meeting of the Board of Directors on 18/3/2016 at 11.00 A.M. On 18/3/2016, a resolution was taken to remove the petitioners as Directors from the Board of Directors of the Bank. By Letter No. 1009 dtd. 21/3/2016, the Managing Director of the Bank convened an Extraordinary Annual General Body Meeting on 8/4/2016 at 11.30 A.M. On 3/4/2016, the said notice was also published in the daily newspaper. On 6/4/2016, the petitioners moved before the Registrar, Co-operative Societies under Sec. 48 of the Bihar Co- operative Societies Act, 1935 (hereinafter referred to as the 'Act') praying for quashing of the resolution dtd. 18/3/2016, by which they were removed from the post of Directors, for setting aside of the resolutions of the Board of Directors from 5/2/2016 and also for postponing the Extraordinary Annual General Body Meeting scheduled for 8/4/2016. Since in the meantime, the General Body also ratified the decision on 8/4/2016, the petitioners moved the Registrar seeking additional relief by praying that the resolution of the Extraordinary Annual General Meeting dtd. 8/4/2016 be set aside and also for quashing of the communication contained in Memo No. 34 dtd. 11/4/2016 of the Managing Director of the Bank by which the petitioners were communicated the decision of their removal. The Registrar dismissed the petition filed by the petitioners by order dtd. 10/5/2016/7/6/2016, in Misc. Dispute Case No. 71 of 2016, impugned in the present writ application.