SURINDER KUMAR SHARMA Vs. STATE OF J&K

JUDGEMENT

(1.) AN order passed by the Secretary to Government. Cooperative Department on 31st Dec. 1999, whereby respondent No 4 has been directed to continue to work as Chairman of J&K Central Cooperative Land Development Bank Limited, till further orders, is the subject matter of challenge in this petition. This respondent was earlier also working as the Chairman of the aforesaid Bank. The term of the Board came to an end which is apparent from the order dt. 31st Dec., 1999 itself. For facility of reference, this order is being reproduced below: -

(2.) THE learned counsel for the petitioner submits that in terms of section 29(4) of Jammu and Kashmir Cooperative Societies Act, 1989, where any Committee has ceased to hold the office and no committee has been constituted in accordance with the provision of the Act and rules and bye -laws framed thereunder, the Registrar can by an order in writing, appoint an Administrator for such period from time to time as may be specified in this behalf. The proviso to this sub -section makes clear that the total period for which an Administrator is to be appointed is not to exceed 90 days. As this is the statutory provision on which reliance is being placed: this is reproduced below: -

(3.) THE learned counsel for the petitioner submits that: -