P. Tamilmani, Director, Impcops v. Central Registrar of Co-Operative Societies, New Delhi
2014-08-05
T.S.SIVAGNANAM
body2014
DigiLaw.ai
Order 1. By consent, the Writ Petition is taken up for final disposal at the time of admission itself. Mr.V.T.Gopalan, the learned Senior Counsel takes notice on behalf of the respondents 3 to 6. In the light of nature of dispute which has given rise to this writ petition, this Court is of the view that notice to the respondents 1 & 2 could be dispensed with. 2. Heard the learned counsel appearing for the petitionerand thelearned Senior Counsel appearing for the respondents 3 to 6. 3. The petitioner in W.P.(md).No.12700 of 2014 is a member of the fourth respondent society and in this writ petition, the petitioner seeks for issuance of writ of certiorarified mandamus to quash the General Body Meeting Notice dated 04.07.2014 and to direct the first respondent to conduct the Special General Body Meeting under the Chairmanship of observer in accordance with the relevant Act and by-laws of the Society. 4. Another writ petition in W.P.(md).No.12700 of 2014 has been filed by another member and Director of IMPCOPS for an identical relief. 5. The case was heard by this Court on 04.08.2014, in which the learned counsel for the petitioner made a very fair statement that the intention of the petitioner is not to oppose the conduct of the meetings and they are concerned about the effect of the respondents 5 & 6 chairing the meeting, against whom, certain allegations have been made as there is an agenda in the same meeting in respect of those persons namely the respondents 5 & 6. 6. The learned counsel for the petitioner submitted that a comprehensive order was passed by the Principal Bench of this Court in M.P.No.2 of 2014 in W.P.No.26565 of 2013, filed by the fifth respondent herein as petitioner and a direction was sought for to modify the earlier order dated 25.09.2013 made in W.P.No.26565 of 2013 to enable the fifth respondent to convene the general body meeting of the society (Special General Body Meeting and Annual General Body Meeting), in light of the direction issued by the Central Registrar of Co-operative Societies on 21.08.2013 and the consequential direction issued on 19.09.2013 pursuant to the order passed by the High Court of Delhi, dated 26.03.2014 in W.P.(C).No.6122 of 2013.
The said M.P.No.2 of 2014 was filed by the fifth respondent herein to modify the order passed by the Principal Bench of this Court, dated 25.09.2013, by which the following direction was issued: “Heard the learned Senior Counsel for the petitioner in W.P.No.26565 of 2013 and the learned counsel for the petitioner in W.P.(md).No.15670 of 2013. 2. The learned Senior Counsel for the petitioner in W.P.Nos.26565 of 2013 seeks time to file counter in W.P.(md).No.15670 of 2013 filed by Dr.V.Prema Anand before the Madurai Bench, which was subsequently transferred to this Court pursuant to the order passed by the Honourable the Acting Chief Justice. 3. Post on 7 October, 2013. 4. There shall be an interim order in W.P.No.26565 of 2013 restraining the Central Registrar of Co-operative Societies from proceeding further pursuant to the impugned order dated 19 September, 2013 in the mean time.” 7. The Principal Bench heard M.P.No.2 of 2014 and after hearing the submissions made on either side, by an order dated, 03.06.2014, directed both the annual general body meeting and special general body meeting could be convened on the same date. Therefore, the interim order dated 25.09.2013 further extended by this Court by order dated 10.12.2013 was modified to the effect that the petitioner therein, who is the fifth respondent herein shall convene the annual general body meeting as well as the special general body meeting on the same date. A further direction was issued to the fourth respondent to take steps to hold the meeting namely annual general body meeting as well as the special general body meeting on the same date, after complying with the requisite formalities and fix a date for such meetings, as directed by the High Court of Delhi, after complying with the requisite formalities, the Central Registrar shall appoint an observer on being apprised of the date fixed for holding of the Annual General Body Meeting and Special General Body Meeting in accordance with the bylaws. The operative portion of the order reads as follows: “In such circumstances, I am of the view that both Annual General Body Meeting and Special General Body Meeting could be convened on the same date.
The operative portion of the order reads as follows: “In such circumstances, I am of the view that both Annual General Body Meeting and Special General Body Meeting could be convened on the same date. Therefore, the interim order passed by this Court dated 25.09.2013 and further extended by this Court by order dated 10.12.2013 is modified to the effect that the petitioner shall convene the Annual General Body Meeting as well as the Special General Body Meeting on the same date. The IMCOPS shall take steps for holding the meetings of Annual General Body Meeting and Special General Body Meeting on the same date after complying with the requisite formalities and fix a date for such meetings. As directed by the Delhi High Court, after complying with the requisite formalities, the Central Registrar shall appoint an observer on being apprised of the date fixed for holding of the Annual General Body Meeting and Special General Body Meeting in accordance with the bylaws.” 8. With the observations and clarifications, the miscellaneous petition was disposed of. Pursuant to that, notices have been issued on 04.07.2014 for the Annual General Body Meeting and Special General Body Meeting. In the Annual General Body Meeting, 10 items were to be discussed as found in the agenda. Out of which, agenda Nos.9 and 10 are concerned about certain named persons, against whom it is stated that show-cause notices have been issued and reply has been received. In the special General Body Meeting, the agenda is in respect of removal of membership of the respondents 5 & 6 on the alleged ground that their activities is against the bylaws of the society. 9. The learned counsel appearing for the respondents 5 & 6 would fairly submit that the respondents 5 & 6 will not chair the meeting, when agenda Nos.9 and 10 are discussed in the Annual General Body Meeting or in respect of agenda No.1 in the special general body meeting and their endeavour is to conduct the meeting as scheduled, pursuant to the directions issued by this Court, the Delhi High Court and authorization of the Central Registrar of the Co-operative Societies. 10. The learned counsel for the petitioner brought to the notice of this Court the order passed by the Director (Co-operation), Government of India, Ministry of Agriculture (Department of Agriculture and Cooperation), dated 24.07.2014.
10. The learned counsel for the petitioner brought to the notice of this Court the order passed by the Director (Co-operation), Government of India, Ministry of Agriculture (Department of Agriculture and Cooperation), dated 24.07.2014. In compliance with the direction of this Court in M.P.No.2 of 2014 in W.P.No.26565 of 2013 dated 03.06.2014, an observer has been appointed, who is in the cadre of Additional Registrar/Managing Director, Tamil Nadu State Federation for Urban Co-operative Banks, Chennai to act as observer for the Annual General Body Meeting and Special General Body Meeting to be convened by the society on 06.08.2014. In the light of the above order, dated 24.7.2014, the direction issued by this Court in this regard in M.P.No.2 of 2014 in W.P.No.26565 of 2013, dated 03.06.2014 has been complied with and the meeting has been convened and notices have been issued. 11. The apprehension of the petitioner that if the respondents 5 & 6 are allowed to chair the meetings in which agenda Nos.9 and 10 and agenda No.1 are discussed may not auger well is well-founded. If, in the meeting, both the Annual General Body Meeting and Special General Body Meeting, the issue concerning the respondents 5 & 6 are to be discussed, proprietary demands that the respondents 5 & 6 did not chair the meetings, when those agendas are considered in the meeting. Otherwise, it would amount to the respondents 5 & 6 being the judge of their own cause. The learned counsel for the petitioner would submit that the respondents 5 & 6 should not participate in the Annual General Body Meeting/Special General Body Meeting. This contention cannot be accepted as they are members of the society and are entitled to attend the meeting, but they should not chair the meetings. 12. The learned counsel appearing for the respondents 5 & 6 fairly submitted that the respondents 5 & 6 do not wish to chair in the proposed Annual General Body Meeting, in respect of agenda Nos.9 and 10, scheduled to be conducted on 06.08.2014 or in respect of the agenda No.1 in the Special General Body Meeting on 06.08.2014. 13. The submissions made on behalf of the respondents 5 & 6 are placed on record. 14.
13. The submissions made on behalf of the respondents 5 & 6 are placed on record. 14. The writ petition is disposed of by directing the Annual General Body Meeting and Special General Body Meeting shall proceed to be conducted on 06.08.2014 as per the direction issued by this Court on 03.06.2014, which was in furtherance to the direction issued by this Court, dated 25.09.2013 and the Delhi High Court. In both the meetings, the respondents 5 & 6 shall not chair the meetings in the capacity of President & Vice President respectively, while discussion is being made in respect of agenda Nos.9 and 10 in the Annual General Body Meeting as well as in respect of agenda No.1 in the Special General Body Meeting. Consequently, connected M.P. (md).Nos.1 & 1 of 2014 are closed. No costs.