2014 Supreme(J&K) 467
JAMMU & KASHMIR HIGH COURT AT JAMMU
M.M. Kumar, Tashi Rabstan, JJ.
Board of Directors, JCCB Ltd. - Appellant
Versus
Registrar Cooperative Societies and Ors. - Resopndent
LPAOW No. 62 of 2014, CMA No. 82 of 2014, Caveat No. 1767 of 2014, APLPA No. 57 of 2014, LPAOW No. 63 of 2014 and CMA No. 83 of 2014
Decided On : 17-12-2014
For the Respondents:M.A. Chashoo, AAG, U.K. Jalali, Sr. Advocate and Priyanshu Sharma, Advocate
Headnote:
Election Dispute - Jammu Central Co-operative Bank Limited - Jammu and Kashmir Constitution, Article 226, Section 103, Section 29 of the Jammu & Kashmir Co-operative Societies Act, 1989 - The judgment discusses the election dispute related to the Board of Directors of Jammu Central Co-operative Bank Limited. The court considered the validity of the election process, the authority of the Registrar Cooperative Societies, and the jurisdiction of the Jammu and Kashmir Special Tribunal. The court found that the election was held without proper notice and publicity, and the interim orders were stayed without due process. The court emphasized the urgency and importance of the matter and directed the Tribunal to expedite the main revision petition. The court also highlighted the disqualification of a candidate and the role of the Registrar in overseeing the elections.
Fact of the Case:
The appellant, Board of Directors of Jammu Central Co-operative Bank Limited, challenged the judgment and order allowing the petitions filed by Ajeet Kumar Bawa and Registrar Co-operative Societies, J&K. The dispute arose from the validity of the election process for the Managing Committee of the Society, which led to a series of litigations and interim orders.
Finding of the Court:
The court found that the election was held without proper notice and publicity, and the interim orders were stayed without due process. The court emphasized the urgency and importance of the matter and directed the Tribunal to expedite the main revision petition. The court also highlighted the disqualification of a candidate and the role of the Registrar in overseeing the elections.
Issues: The issues involved the validity of the election process, the authority of the Registrar Cooperative Societies, and the jurisdiction of the Jammu and Kashmir Special Tribunal.
Ratio Decidendi: The court emphasized the urgency and importance of the matter and directed the Tribunal to expedite the main revision petition. The court also highlighted the disqualification of a candidate and the role of the Registrar in overseeing the elections.
Final Decision: The appeals were dismissed as the court found that no letters patent appeal would be competent against an order passed by a learned Single Judge in exercise of jurisdiction under Section 104 of the Constitution of Jammu and Kashmir read with Article 227 of the Constitution of India.
M.M. Kumar; CJ.:-
1. This order shall dispose of LPAOW No. 62 and 63 of 2014, which have been filed by invoking Clause 12 of the Letters Patent. In both the appeals, the Board of Directors of Jammu Central Co-operative Bank Limited has challenged judgment and order dated 01.10.2014 rendered by the learned Writ Court allowing the petitions filed by one Ajeet Kumar Bawa-respondent and Registrar Co-operative Societies, J&K-respondent. The aforesaid petitions were filed before the learned Writ Court purportedly by invoking jurisdiction of this Court envisaged under Section 103 the Jammu and Kashmir Constitution read with Article 226 of the Constitution of India because before the Writ Court order dated 08.05.2014 passed by the Jammu & Kashmir Special Tribunal, (for brevity the Tribunal) was challenged whereby the Tribunal had stayed the order dated 06.05.2014 passed by the Registrar, Co-operative Societies. Before the Registrar validity of the election of the appellant-Board was challenged and the Registrar while issuing notice on 06.05.2014 had passed an interim order holding that the appellant-Board was not to exercise any power till the interim directions were vacated or modified. The order, further, stipulated that the affairs of the Central Co-operative Bank Ltd. were to be looked after by the Joint Registrar (Adm.) Co-Operative Societies, J&K. As stated above the aforesaid order was stayed by the learned Judicial Member of the Special Tribunal on 08.05.2014. As a consequence the appellant-Board was to start functioning. The Writ Court, however, set aside order dated 08.05.2014 by observing as under:-
"10. The question, thus, arising is whether the Jammu and Kashmir Special Tribunal can exercise revisional power in relation to proceedings and orders or decision passed in election petitions by the Registrar Cooperative Societies. Question also is, whether the order passed by the Registrar called for immediate stay without obtaining objections from other side.
11. Learned Special Tribunal, while passing the impugned order dated 08.05.2014 and staying the order dated 06.05.2014 passed by the Registrar, seems not to have shown any seriousness about its jurisdiction to hear the revision petition and acted in haste in passing the impugned order without providing respondents therein opportunity to file objections.
12. Some important questions seem to have been raised by the petitioners in the Election Petition before the Registrar, which have been similarly reflected in these writ petitions before this Court. The Registrar in that backdrop had issued the interim direction restraining the newly elected Board of Directors from exercising their powers and directing further that during continuation of the interim direction affairs of JCCB shall be looked after by the Joint Registrar (Adm). Registrar had ordered the listing of the case after two weeks only. No urgency in assailing this interim direction by filing revision petition before Special Tribunal is evident and the Special Tribunal should better have asked the petitioners therein to approach the Registrar or at least, before staying the order passed by the Registrar, should have sought objections of the other side which, as the impugned order would show, was on caveat. I, thus, find sufficient ground for taking a view that learned Special Tribunal acted in haste in staying the order passed by the Registrar and the order should not have been stayed without seeking objections from the other side.
13. Viewed thus, these writ petitions have merit and are allowed. Impugned order passed by the learned Special Tribunal, Jammu dated 08.05.2014 is set aside. Given the urgency and importance of the matter, which is evident from the pleadings of the parties, learned Special Tribunal shall straightway take up the main revision petition and dispose of the same expeditiously and in any case within two weeks after first effective hearing before the learned Tribunal hereafter. Learned Tribu