Sunil Ambwani, Vijai Singh, JJ. - (1.) Heard Sri Ashok Khare learned Senior Advocate assisted by Sri S. Shahi learned counsel for the petitioner. Sri H.R.Misra learned Senior Advocate and Sri O.P.Singh learned Senior Advocate appears for Akhil Pratap Singh respondent no.6.
(2.) The Board of Directors of the Nagar Sahkari Bank Ltd. Gorakhpur served a notice of no confidence motion against the Chairman of the Bank Sri Akhil Pratap Singh respondent no.6, under Rule 457 of the U.P. Cooperative Societies Rules,1968. The District Magistrate has by the impugned order dated 24.02.2009, returned the notice as premature with directions that the members should cooperate in the pending enquiry proceeding against the Chairman so that the Presiding Officer be nominated for presiding over the meeting of the no confidence motion.
(3.) The District Magistrate has found that proceeding for disqualification of Sri Mahendra Pratap Shahi, one of the twelve Directors on the charges of embezzlement is pending, and that Sri Lal Bahadur Yadav, another member is in jail for four months under the U.P. Gangster Act. The District Magistrate observed that the order dated 02.02.2009, by which Additional Registrar Cooperative Societies has allowed the appeal of Sri Akhil Pratap Singh, the Chairman against his disqualification is still valid order. In substance he has found that since Sri Lal Bahadur Yadav and Sri Mahendra Pratap Shahi may be disqualified it will not be appropriate to allow them to participate in the meeting of no confidence motion. If they participate in the meeting and succeed in carrying out the motion, the enquiry pending against them will be affected.;