JOGINDRA CENTRAL CO Vs. STATE OF HIMACHAL PRADESH AND OTHERS
HIGH COURT OF HIMACHAL PRADESH
JOGINDRA CENTRAL CO
STATE OF HIMACHAL PRADESH AND OTHERS
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Kamlesh Sharma, J. -
(1.) This writ petition has been filed by Jogindra Central Co-operative Bank Ltd. Nalagarh,(hereinafter, referred to as the Bank) through its the then chairman, Sri Teja Singh. He, in his individual capacity as share holder of the Bank, is petitioner No. 2 Sri Kashmiri Lal, Advocate, Nalagarh, is petitioner No. 3. In the rejoinder affidavit dated 12.4.1991, it is stated that Sri Teja Singh petitioner No. 2 has since died but no steps have been taken to make necessary amendment in the writ petition.
(2.) In the writ petition, the relief sought for is three-fold
(i) For quashing of Annexures Y. 'G' and 'I' to the writ petition which pertain to amendment of bye-laws No. 2 and 30 of the Bank and also for injuncting further implementation of these bye-laws. By amendment of bye-law No. 2 the head-quarter of the Bank was shifted from Nalagarh to Solan and by amendment of bye-law No. 30, constitution of the Board of Directors was materially changed.
(ii) For quashing Annexure "T' to the writ petition where by post of Assistant Manager in the scale of 485-20-525-25-725-30- 815 was created with effect from 1. 10. 1976 and for quashing the appointment of Sri I.D. Somya, respondent No. 4, against this post and also for injunction not to release the arrears in respect of his pay in the old scale and the scale of the post of Assistant Manager.
(iii) For quashing Annexure 'M', 'N', 'Q' and 'W' to the writ petition where by the then Board of Directors was first suspended and thereafter superseded and further elections were ordered. Injunction to hold elections was also prayed for.
(3.) During the course of final argument, Sri K. D. Sood, learned counsel for the petitioners, has not pressed relief (iii), as enumerated above on the ground that during the pendency of the writ petition, election was held and new Board of Directions has been constituted. So far relief (ii) is concerned, we are not inclined to entertain it for the reasons given hereinafter.;
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