RAMSAHAY Vs. ASSTT REGISTRAR CO OP SOCIETIES

JUDGEMENT

(1.) NON -Applicants served but absent. Their A/D receipt has been received. They be proceeded ex parte.

(2.) BRIEF facts giving rise to this petition are that on 7.4.2001 the elections of the non-applicant No. 2 society were held. Petitioner was also elected as one of the Director and also Vice President. N.A. No. 1 issued directions to the Manager of the District Co-operative Central Bank and N.A. No. 2 society to take action against the petitioner under section 19AA of the M.P. Co-operative Societies Act, for short hereinafter referred to as 'Act', because he is an over due debtor of the District Co-operative Agricultural and Rural Development Bank Ltd., Bhind for more than 12 months and has become disqualified to hold the post of Director under rule 45 (3) of the rules 62, framed under the Act. The Committee of the N.A. No. 2 society considered this question and resolved to the contrary holding that the petitioner is not defaulter. This resolution was passed in the meeting dated 3.8.2001 of the Board. Its intimation was given to N.A. No. 1 also. Thereafter N.A. No. 1 straight way issued the impugned order dated 16.1.2001 to the petitioner informing him that he being an over due debtor, has become disqualified to hold the post of Director w.e.f. 16.1.2001 itself. This order of N.A. No. 1 is under challenge in this revision petition on the around that it is illegal and in violation of the provisions of section 19AA of the Act.

(3.) ON this legal infirmity alone the impugned order of the learned Asstt. Registrar stands vitiated and deserves to be quashed. Consequently, this revision petition succeeds and is allowed. The impugned order or the learned Asstt. Registrar is hereby quashed with further clarification that he would again be free to take action against the petitioner under section 19AA of the Act and in accordance with the observations made in this order. In case any such action is again initiated, along with the show cause notice, statement of account showing the petitioner to be over due debtor, should also be furnished to the petitioner. However, parties are left to bear their own costs, as incurred. Counsel fee be taxed at Rs. 150/-, if already certified. Copy of this order be given to both parties. Memo of costs be prepared.