YUGAL KISHORE SINHA Vs. B N RAHTOGI

JUDGEMENT

(1.) In this case the petitioner obtained a rule from this Court, under Article 226 of the Constitution against the opposite party to show cause why the election of opposite party 3, Sub-divisional Office, Sitamarhi, as Chairman of the Sitamarhi Kendriya Sahkarita Sangh (Central Co-operative Union Ltd.,) hereinafter referred to as the "Union", held on the 8th May, 1956, and, the order dated the 24th March, 1956 (Annexure D to the application), and, order dated 25th May, 1956 (Annexure E to the application), of the Registrar, Co-operative Societies, opposite party 1, rejecting the objection of the petitioner, should not be quashed, and, why opposite party 1 should not be called upon to call a general meeting of the share-holders and the representatives of the affiliated societies of the Union to get a non-official Chairman elected.

(2.) The learned Government Advocate has shown cause on behalf of opposite party 1 and 2, to whom also the rule was issued. He has also filed two counter-affidavits on behalf of opposite party 1 on the 17th January, 1957. Along with one of counter-affidavits sworn by Abid Rasul, he has filed several documents, marked Annexures A to E.

(3.) The petitioner is a share-holder, and, at present, one of the Directors of the Board of Directors of the Union elected at the Annual General Meeting of the Union On the 30th March, 1956. The petitioner was elected as the first non-official Chairman of the Union in 1948, and, he continued as such up to 1954. A Special General Meeting of the Union was called by the Deputy Registrar, Co-operative Societies, on the 27th of March, 1955, for amongst other purposes, the election of a new Board of Directors, by his notice dated the 11th March, 1955 (Annexure B to the application). A meeting, accordingly, of the share-holders of the Union was held at Dumra on the 27th March, 1955, under the presidentship of the Additional Collector, Muzaffarpur, and, at the said meeting, opposite party 3, Sub-Divisional Officer, Sitamarhi, was elected as Chairman, and, opposite party 4 to 12 as Directors of the Union. This meeting, held on the 27th of March, 1955, has been challenged as illegal on several grounds, which are all specified in para 12 of the application.