RAJIV KUMAR JAIN Vs. VEERENDRA NARAIN MISHRA

JUDGEMENT

(1.) The petitioner has filed this petition against the judgment of the Cooperative Tribunal dated 01/11/2011 Annexure P/2 passed in First Appeal No. 83/2011 and also against the order dated 24/10/2011 Annexure P/1, by which, the Tribunal rejected the application of the petitioner filed under Order 1 Rule 10 of Civil Procedure Code for permitting the petitioner to contest the appeal.

(2.) The election to the post of Board of Directors of the respondent No.3 Bank was held on 15/10/2007. The petitioner was elected as Board of Director. The respondent No.1 was also elected as Board of Director. Earlier, he had been elected as a representative to the respondent No.3 Bank from Primary Agriculture Credit Society, Ramnagar, Block and Tehsil Chanderi, district Ashoknagar. Subsequently, the petitioner and other Board of Directors resigned from the post alleging some illegalities. The petitioner submitted complaint against the President of respondent No.3 Bank and further stated that the respondent No.1 was not eligible to continue as Board of Director of the Bank, because his parent society had become defaulter of the Bank. A question in the Assembly i.e. Question No.723/2010 was also raised to this effect. Thereafter, the Deputy Registrar conducted the enquiry and he opined that Primary Agriculture Credit Society, Ramnagar was defaulter of the Bank and being a representative of the society, the respondent No.1 was not eligible to continue as Board of Director of the Bank.

(3.) A show cause notice dated 12/1/2011 Annexure P/3 of the petition was issued to respondent No.1 mentioning the fact that why the respondent No.1 be not declared disqualified to the post of Director of the respondent No.3 Bank on account of fact that the society from which, the respondent No.1 had been elected as representative of the Bank had become defaulter of the Bank. The copy of the notice was also issued to the society and district Cooperative Bank. The respondent No.1 did not file reply before the Joint Registrar, however, on his behalf an Advocate appeared before the authority. He had been given time to file reply. When reply was not filed, the Joint Registrar in exercise of powers conferred under Section 50 (A) (2) of the Madhya Pradesh Co-operative Societies Act, 1960 (hereinafter referred to as "the Act of 1960") read with Rule 45 of the Madhya Pradesh Co-operative Societies Rules, 1962 (hereinafter referred to as "The Rules of 1962"), declared the respondent No.1 disqualified from the post of Director of the Bank and also declared the post of Director of the Bank vacant, which was occupied by the respondent No.3. Against the aforesaid order, the respondent No.1 preferred an appeal before the Cooperative Tribunal. In the aforesaid appeal, the petitioner filed an application under Order 1 Rule 10 of Civil Procedure Code mentioning the fact that he wants to oppose the appeal, because the order passed by the Joint Registrar is in accordance with law and on his complaints, the enquiry was conducted against the respondent No.1. That application was rejected by the Tribunal vide Annexure P/1 and thereafter vide impugned judgment Annexure P/2, the Tribunal set aside the order passed by the Joint Registrar.