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2014 DIGILAW 394 (MP)

Ramkumar Sharma v. State of M. P.

2014-04-07

D.K.PALIWAL, S.K.GANGELE

body2014
ORDER 1. Heard. 2. This petition has been filed against the order dated 13.3.2014 passed by the M. P. State Cooperative Tribunal in Revision No.139/2013. 3. By the aforesaid order, the Tribunal has upheld the order passed by the Joint Registrar, Cooperative Societies in regard to appointment of OIC for the purpose of exercise of powers under section 53(12) of the Madhya Pradesh Cooperative Societies Act, 1960 (hereinafter referred to the 'Act of 1960'). 4. The election of the cooperative Society – “Ambah Marketing Cooperative Society” were held on 23.2.2011. In the aforesaid election, 10 Board of Directors out of 12 were elected. Subsequently, meetings were called for the purpose of holding elections of President, Vice President and other office bearers on 3.3.2013, 13.3.2013 and 20.3.2013. In the aforesaid meetings only 6 Board of Directors out of 10 were present. Hence, the elections could not be held because as held by the Tribunal in accordance with bye-laws of the Society, presence of 7 Board of Directors of the Society is necessary. 5. Rule 43 of the Madhya Pradesh Co-operative Societies Rules, 1962 (hereinafter referred to the 'Rules of 1962') prescribes appointment of Committee. Rule 43 (6) of the Rules is in regard to quorum of the meeting. The aforesaid rule is as under :- “(6) The quorum for the meeting of the committee shall be, as provided in the bye-laws, but in any case it shall be more than fifty percent of the total number of the members.” 6. In accordance with the aforesaid rule, the quorum for the meeting is more than fifty percent of the total number of the members or as may be prescribed in the bye-laws. As per the bye-laws, for the purpose of quorum of the meeting, presence of 7 members is necessary. In the present case, only 10 Board of Directors were appointed out of 12. In this view of the matter, in our opinion, the presence of 6 members was sufficient for the purpose of quorum because the bye-laws cannot override provisions of the statutory rules. It be read in consonance. 7. In the present case, only 10 Board of Directors were appointed out of 12. In this view of the matter, in our opinion, the presence of 6 members was sufficient for the purpose of quorum because the bye-laws cannot override provisions of the statutory rules. It be read in consonance. 7. In this view of the matter, this writ petition is disposed of with the following directions :- (i) OIC – Election Officer appointed by the Joint Registrar shall convene the meeting of the Board of Directors on 28th April 2014 for the purpose of elections of the President, Vice President and other office bearers of the Society in accordance with law. (ii) The authority shall provide adequate security help of police for presence of all the Board of Directors because it is informed by the learned counsel for the respondent No.10 that due to some threat the other Board of Directors could not attend the meeting. No order as to costs.