PRAMOD KUMAR MEETH Vs. PARASPAR SAHAYAK CO OP BANK LTD

JUDGEMENT

(1.) This is a petition by a Member of the Managing Committee of the Paraspar Sahayak Co-operative Bank Limited. Vide notice Ex. P-1 he has been asked to attend the meeting to be held on 7-4-1992. A show cause notice Ex. P-6 has been issued on 30-3-1992 under Section 19-C of the M.P. Co-operative Societies Act to the present petitioner to show cause as to why he should not be removed from the primary membership of the Society. The petitioner apprehending his removal from the primary Membership of the Society has filed this petition challenging the action on the part of the respondent Bank.

(2.) According to Shri Dalai learned counsel for the petitioner Section 19-C does not empower the Co-operative Society to issue a show cause notice for taking any action under Section 19-C of the M.P. Co-operative Societies Act (hereinafter called the Act). The petitioner is not only a Member of the Society but is also a Member of the Managing Committee. Therefore, the Society may issue a notice against a Member but not the Member of the Managing Committee because a Member of the Managing Committee cannot be proceeded against under Section 19-C of the Act.

(3.) On the other hand, Shri Anwar Khan states that the show cause notice has been given to the petitioner and he will have an opportunity to show cause before the Committee in respect of the removal. The petition is, therefore, premature. As regards Section 19-C Shri Khan argues that the Act gives such a power to the Committee and, therefore, the notice is not without jurisdiction.