MOJIBUL HAQUE (MD) Vs. ATAUR RAHMAN

JUDGEMENT

(1.) This Rule arose out of interlocutory injunction order and is directed against the Judgment and order dated 25-10-1999 passed by the Additional District Judge, 2nd Court Dhaka in Miscellaneous Appeal No.76/98.

(2.) The petitioner and ten others instituted Title Suit No.383/97 in the First Court of Assistant Judge, Dhaka impleading the opposite parties as defendants seeking a decree declaring that the general meeting dated 15-5-1997 and special general meeting on requisition dated 7-7-1997 and the meeting of the managing committee dated 24-7-1997 and the decision taken in the meeting removing the plaintiff from the managing committee and the co-option of the defendants in the managing committee is illegal, void and without lawful authority, and for further declaration that the initiation of the enquiry against the plaintiff by the defendant Nos.11-13 at the instance of the defendants Nos.1-10 are illegal and mala fide and also a decree for perpetual injunction restraining the defendants Nos.1-l0 from interfering with the function of the managing committee of the Mohammadia Market Baboshayee Bahumukhi Samabaya Samity Limited and restraining the defendants Nos.11-13 from proceeding with the enquiry initiated against the plaintiff.

(3.) The Case of the plaintiff, in short, is that the plaintiffs are the elected office-bearers and members of the managing committee of the Mohammadia Market Baboshayee Bahumukhi Samity Ltd. (hereinafter referred to as the samity). The plaintiff Nos. 1-9 and 3 others were duly elected as office-bearers of the samity in the election held on 12-12-1994 for a period of 3 years with effect from 14-12-1994. Subsequently, two elected Directors ceased to be the Directors and plaintiff Nos.10 and 11 were co-opted in their place. The defendant No.2 participated in the election held on 12-12-1994 for the post of vice-president, defendant No.3 for the post of Secretary and defendant Nos. 6, 7 and 10 for the post of directors, but all got defeated in the election and after their defeat they became hostile to the plaintiffs and started creating all sorts of hindrance to the smooth functioning of the managing committee. The defendant Nos.1 to 10 in collusion with one another formed an unholy alliance to usurp the management of the samity by illegal means, despite such hindrance created by the defendants the plaintiffs have been running and conducting the affairs of the samity smoothly. The account of the Samity was duly audited by the Registrar of the Co-operative Society for the years 1994-95, 95-96. Thereafter, the defendants along with some non members armed with deadly weapons and forming an unlawful assembly entered into the office of the samity and took forcible occupation of the office on 1-8-1997 for which information was lodged to the local police station being Pallabi PS Case No.1(8)97. On 2-8-1997 an advertisement was published in the Daily Sangram to the effect that the plaintiffs were removed on 7-7-1997 by special general meeting and the defendants Nos.1-10 were co-opted in various posts. The plaintiffs filed application to the respective authorities as regards the illegal occupation of the registered office of the samity by the defendants. It is alleged that the general meeting was not held in accordance with law and the rules as provided under section 16(1) of the Co-operative Societies Ordinance, 1984 and Rule 26(1) of the Co-operative Societies Rules, 1987.