BALDEV SHARMA Vs. REGISTRAR CO OP SOCIETIES

JUDGEMENT

(1.) Petitioner by means of this petition seeks to quash Order dated 27-9-2001 ssed by J and K Special Tribunal, Respondent No. 3, in Revision Petition, upholding the ex parte interim order dated 15-9-2001 passed by Respondent No. 1, in an Election Petition, whereby Respondent No. 1 has restrained the duly elected Board of Management/Board of Directors of Jammu Central Co-operative Bank Ltd., (hereinafter referred "the Bank") from conducting any business relating to the functioning of the Bank and entering the office on the authority of Election Result. They also seek issuance of a writ of mandamus, commanding the respondents 4 and 5 to assign the election petitions, challenging the election of the petitioner herein and other elected Directors, to any other Officer of the rank and status of the Registrar Co-operative Societies/Additional Registrar Co-operative Societies, for the reason that Respondent No. 1 has disqualified himself to hear the election petitions because of his continuous bias and misconduct shown during the conduct of election; and further a writ of prohibition to restrain Respondent No. 1 from passing any order, interfering into the management of the elected Board of Directors for transacting the business of the Society.

(2.) It is averred in the petition that Respondent No. 1 on 18-6-2001 appointed a Board of Management to manage the affairs of the Bank. It was challenged by means of OWP No. 425/2001, wherein the following interim direction was passed :- "The impugned arrangement shall continue till the next date. Respondents shall initiate the process of holding election to the Jammu Central Co-operative Bank Ltd. taking into consideration the time mandated under provisions of S. 29(4). The Board of Management created by respondents shall not take any policy decision till next date."

(3.) Pursuant to the aforesaid direction of the court, Respondent No. 1, vide his letter dated 18-7-2001 ordered holding of the election invoking S. 29 of the J and K Co-operative Societies Act, 1989, read with R. 14-A of the J and K Co-operative Societies Rules, 1968 framed under the old Act to be held on 21-9-2001, under the overall control of the Deputy Commissioner/Assistant Commissioner(R) District Jammu. The Election Authority nominated by Respondent No. 1 appointed Tehsildar Agrarian Reforms as Returning Officer, to hold the election. Election was held under the Authority nominated by Respondent No. 1 and declared the election result of the Board of Management/Managing Committee (hereinafter "Board of Management") on 3-9-2001. The duly elected Board of Management convened a meeting and elected its Chairman and Vice Chairman in terms of the bye-laws of the Society and commenced its functioning.