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2014 Supreme(MP) 1588

SUJOY PAUL
Registered District Co-operative Agricultural and Rural Development Bank Maryadit – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
For the Petitioner:H.D. Gupta, Senior Advocate and Santosh Agarwal, Advocate.
For the Respondents:Raghvendra Dixit, Govt. Advocate.

JUDGMENT :

Sujoy Paul, J.

1. This petition filed under Article 226 of the Constitution is directed against the order dated 19.8.2014, whereby the petitioners were held to be disqualified for membership of the committee. The consequential order of the same date, Annexure P-1, is also called in question, whereby it was held that the elected Board of Directors has ceased to function for want of quorum. Accordingly, in place of Board of Directors, an Administrator is appointed.

2. The case of the petitioners is that the petitioner-Board was constituted for five years pursuant to an election held on 4.4.2008. The term of the Board was five years, i.e., up to 3.4.2013. Before the Board could complete its tenure, it was suspended on 9.12.2009. This suspension order was challenged before this Court in WP No. 4536/2011. The Division Bench by order dated 30.1.2014 (Annexure P/4) set aside the said suspension order. The said order of this Court was unsuccessfully put to test before the Apex Court in SLP No. 10826/2014. The Apex Court dismissed the appeal on 30.6.2014 by observing that it would be open to the petitioners to take appropriate action in accordance with law.

3. The respondents issued






















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