JUDGMENT MOHAMMAD RAFIQ, C. J. : – All these matters have been laid before the Full Bench upon a reference from a learned Single Bench of this Court vide order dated 25-4-2019, assuming conflict between the ratio of two judgments rendered by Division Benches of this Court, one in Writ Petition No. 6913/2017- Brij Kumar Chanpuriya vs. State of M. P. and others decided on 15-5-2017 and another in Writ Appeal No. 551/2019, Anter Singh and others vs. State of M. P. and others decided on 17-5-2019, for answering the following three questions of law : –

“1. Whether the order passed by the Division Bench of this Court in W. P. No. 6913/2017 on 15-5-2017 lays down the correct law in regard to section 48-AA and section 50-A of the Act of 1960 or the order passed in Writ Appeal No. 551/2019 affirming the order passed by the Single Bench of this Court in W. P. No. 5033/2019? 2. Whether the provisions of section 48-AA and section 50-A of the Act of 1960 operates in a different sphere i.e. pre and post election of the Director? 3. Whether section 50-A of the Act of 1960 is a deeming provision for holding a Director of a society as disqualified or an opportunity of hearing is still required to be given as held by this Court in W. P. No. 6913 of 2017?”

2. The petitioners in all these writ petitions were the Directors of the various Co-operative Central Banks, who assailed their removal as such Directors, on the ground of breach of principles of natural justice as well as non-service of notice prior to their removal in terms of section 48-AA of the Madhya Pradesh Co-operative Societies Act, 1960 (for short ‘the Act of 1960”). All the petitioners in their capacity as representatives of the parent Co-operative Societies were elected as Directors of the District Co-operative Central Banks and were removed/disqualified to continue as such Directors, because the Societies, of which they were representatives, were in default for exceeding 12 months.

3. We have heard learned counsel appearing for the petitioners and learned Additional Advocate General for the respondent/State. The arguments on behalf of the petitioners have been led by Smt. Shobha Menon, learned Senior Advocate and other advocates appearing for the petitioners in respective petitions have also made the submissions, who have substantially adopted her arguments.

4. Learned counsel appearing on behalf of the petitioners argued that the petitioners were elected representatives from different Co-operative Societies and in that capacity, they were further elected as Directors of the another Co-operative Society, which is in each case is a separate Central Co-operative Bank in terms of Rule 49-C of the MADHYA PRADESH CO-OPERATIVE SOCIETIES RULES , 1962 (for short “the Rules of 1962), as per the procedure contained in Rule 49-E of the Rules of 1962. The Registrar/Joint Registrar illegally removed them from the office of the Directors without following the provisions of section 48-AA of the Act of 1960 which mandates for providing an opportunity of hearing to any such Directors/representatives before their removal/disqualification. Section 50 -A of the Act of 1960, especially proviso to sub-section (2) thereof, would not be applicable to the case of removal of any Director/representative as it operates in entirely different sphere and applies to only pre-election stage of a candidate or voter, for election to Board of Directors, as representative or