CHAIRMAN, THE MANIPUR MILK PRODUCERS' Vs. IMA LANGNUBI DAIRY CO-OPERATIVE SOCIETY

JUDGEMENT

(1.) HEARD Mr. N.Kumarjit, learned senior counsel appearing for the petitioners as well as Mr. S.Jhalajit, learned counsel appearing for the respondent No.1. Also heard Mr. Y.Ashang, learned Government Advocate appearing for the respondents No.2 and 3. None appears for the respondents No.4 and 5. Since similar and connected issues are involved, both the writ petitions i.e. W.P(C) No.108 of 2013 and W.P(C) No.109 of 2013 are heard and disposed of together today.

(2.) IN W.P(C) No.108 of 2013, the petitioners, who are claiming to be the office bearers/members of the Manipur Milk Producers' Co - operative Union Ltd., have filed the writ petition challenging the proceeding initiated by the respondent No.1 before the Manipur State Co - operative Tribunal (hereinafter referred to as the "Tribunal) by filing the Co -operative Revision Case No.2 of 2012 challenging the approval of the proceedings of the Special General Body meeting held on 11.10.2012 of the Manipur Milk Producers' Co -operative Union Ltd. vide approval order dated 5.11.2012 passed by the Registrar of Co -operative Societies, Manipur. The Manipur State Co -operative Tribunal vide order dated 26.11.2012 admitted the said revision petition filed by the respondent No.1 under section 149(3) of the Manipur Co -operative Societies Act, 1976 and also passed an interim order for staying the operation of the aforesaid order dated 5.11.2012 issued by the Registrar of Co -operative Societies, Manipur. In W.P(C) No.109 of 2013, the petitioners are challenging the proceeding initiated by the Respondent No.1 in Co -operative Revision Case No.2 of 2013 in which the notice dated 31.12.2012 issued by the petitioner No.1 for convening the Annual General Body meeting was challenged. The Tribunal by order dated 24.01.2013 had stayed the said notice dated 31.12.2012, which is challenged in this writ petition.

(3.) IN view of the rival contentions of the parties which essentially relates to the revisional jurisdiction of the Tribunal, it may not be necessary to dwell in length the detail facts of the case. It may be sufficient to refer only to the relevant facts which led to the filing of the revision petition before the learned Manipur State Co -operative Tribunal by the respondent No.1. It seems that the Registrar of Co -operative Societies, Manipur issued an order on 2nd March, 2011 in exercise of power conferred u/s 73 (2) of the Manipur Co -operative Societies Act, 1976 to extend the term of the Board of Directors of the Manipur Milk Producers' Co -operative Union Ltd. which was going to expire, for a period of one year w.e.f. 15.3.2011 in public interest. The said order dated 02.3.2011 further provided that the Board of Directors should ensure completion of preparation of all the required documents for holding the General Body meeting for election of a democratic Board within the extended period without fail. Since the election of the General Body was not held within the stipulated time, the Additional Registrar of Co -operative Societies, Manipur by another order dated 7.3.2012 extended the term of the Board of Directors of the Manipur Milk Producers' Co -operative Union Ltd. by another year w.e.f. 15th March, 2012 in public interest and also giving similar direction to the Board of Directors to complete the process for preparation for holding General Body meeting for election of a democratic Board within the extended period without fail. According to the learned counsel appearing for the respondent No.1, instead of holding the General Body meeting for election of a democratic Board as directed by the aforesaid orders dated 2.3.2011 and 7.3.2012, the petitioner's Union proceeded to issue a notice on 31.12.2012 for holding the Annual General Body meeting to discuss several agenda except for election of the Board of Directors. According to the learned counsel appearing for the respondent No.1, since the aforesaid notice dated 31.12.2012 was not in conformity with the orders dated 2.3.2011 and 7.3.2012, the respondent No.1 approached the Manipur State Co -operative Tribunal by filing the Co - operative Revision Case No.2 of 2013, which the Manipur State Co - operative Tribunal admitted and stayed the said notice dated 31.12.2012. Similarly, according to the Respondent No.1, the approval given by the Registrar vide his order dated 5.11.2012 to the aforesaid proceedings of the Annual General Body meeting held on 31.12.2012 was also liable to be interfered with. According to the learned counsel appearing for the respondent No.1, the Tribunal had ample power and jurisdiction to entertain such revision petitions and as such, this Court in exercise of powers under Article 226 of the Constitution of India ought not to interfere with the said proceedings taken up by the Tribunal.