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1988 Supreme(MP) 268

Y.B.SURYAVANSHI, C.P.SEN
K G ANSARI – Appellant
Versus
S P AGARWAL – Respondent


Advocates Appeared:
D.M.Dharmadhikari, V.K.TANKHA,

JUDGMENT :

( 1. ) THIS is a petition under Article 215, Constitution of India read with Section 10 of the Contempt of Courts Act for taking suitable action against the two non-applicants/contemners for flagrant violation of the orders, particularly the orders dated 4-7-1988 passed by Registrar, Co-operative societies, Bilaspur.

( 2. )

(i) It is common ground that the petitioner/applicant is a member of the managing Committee of the Bilaspur Grah Nirman Sahkari Samiti Maryadit (for short Society ). It has 13 elected and 5 nominated members on its Managing committee. The Managing Director of the Society is also one Ex-Officio Member. The society has large membership and has built number of colonies. (ii) The Chairman of the Society viz. Shri D. P. Choubey expired on 19-6-1988. According to Rule 43 (2-A) of the Co-operative Societies Rules (for short Co-op. Soc. Rules) read with Bye-law 28 of the Bye-laws of the Society, that vacancy could be filled up by the remaining members of the Managing Committee after co-opting a person in the said vacancy of the Managing Committee. (iii) It is undisputed that N. A. No. 1 Shri S. P. Agarwal, Vice-Chairman convened the meeting of the Managing Commi

























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