Chandrashekhar,J. - (1.) Aggrieved by order dated 27.11.2015 in Revision Case No. 17 of 2015 and order dated 05.08.2015 in Misc. Case No. 02 of 2015, the present writ petition has been filed.
(2.) The brief facts as narrated in the writ petition are stated thus : (i) The Jamshedpur Cooperative House Building Society Limited is registered under the Jharkhand Cooperative Society Act, 1935. Initially, Society was managed by the Managing Committee comprising of 12 members, out of which 5 members were nominated by M/s Tata Iron and Steel Company Limited. Subsequently, M/s Tata Iron and Steel Company Limited withdrew its nominated members and the Managing Committee continued with only 7 members. In the election conducted on 26.12.1999, petitioner No. 1 was elected as Vice-President. The Managing Committee continued upto 31.12.2002 when election for members of the Managing Committee was held, in which petitioner No. 3 was elected as Vice-President. Thereafter, the election for the members of the Managing Committee was held only on 20.07.2006, in which the petitioner No. 1 was again elected as Vice-President. The said Managing Committee continued upto 05.08.2009 when it was dissolved/superseded and, the District Cooperative Officer-Jamshedpur was appointed as Administrator. It appears that Surcharge Case No. 15 of 2009 was initiated on the allegation of misappropriation of Rs. 7,69,037.32 and Rs. 30,35,763.91 and, on the direction of the Deputy Secretary, Cooperative Department, Government of Jharkhand an enquiry was also conducted in which a report was submitted on 26.06.2011. In respect of the election held in November, 2013, respondent No. 4 and 5 instituted Misc. Case No. 02 of 2015, which was disposed of with observation that fresh election of the Society should be conducted in terms of the amended bye-laws. The petitioners challenged order dated 06.08.2015 in Revision Case No. 17 of 2015 which has been dismissed by the Registrar, Cooperative Societies on 30.11.2015. The respondents challenged the continuance of the petitioner No. 1 as Vice-President asserting that the same is contrary to Section 14(8) of the Jharkhand Cooperative Societies Act, 1935 and Clause 52 of the bye-laws of the Society.
(3.) Heard the learned counsel for the parties.;