Mishra, Member -- 1. This second appeal filed against the order of Registrar Cooperative Societies, Bhopal in Case No. 78-359106-07 passed on 1.10.2007 has originally been decided by the Tribunal by its order dated 14.8.2008. As the respondents had preferred writ petition No. 5313/2008 in which Hon'ble High Court through its order dated 22.9.2008 has directed the Tribunal "to reconsider the matter of handing over the charge in accordance with law laid down by the apex Court as well as also take into consideration the agreement between the parties in the earlier litigation as noticed above."

2. As the present order is being passed in compliance of the directions of Hon'ble High Court in continuation of the order passed by the Tribunal on 14.8.2008 in the instant second appeal itself, this order naturally forms the supplementary part of the earlier order. Therefore the facts, of the appeal as mentioned in the former part need not be repeated here. However, to be brief and precise it can be stated that the order of the Tribunal was a sequence of the original order of Assistant Registrar, Coop. Societies, Neemuch superseding the Board of Directors of the appellant's under section 53(1) of M.P. Cooperative Societies Act, 1960 (in brief Act) dated 8.1.2007 which was upheld by the Registrar Cooperative Societies, Bhopal through the impugned order dated 1.10.2007. The Tribunal after hearing the matter in Second Appeal in its order dated 14.8.2008 had held that the order of the Assistant Registrar u/s 53(1) as well as the order of the Registrar in First Appeal dated 1.10.2007 were wrongful and they were consequently set aside. The Tribunal also had held that the affected directors of the outgoing Board would not incur any disqualification according to section 53(12) of the Act. However, as the fresh elections of the respondent society had already taken place on 27.7.2007, the appeal was taken to be rendered infructuous through the flux of time and no relief in this regard was granted.

3. Hon'ble High Court has considered this issue afresh in writ petition No.5313 of 2008 in context of its order dated 2.8.2007 commonly passed in WP No. 379812005, WP No. 3975/07, WP No. 3036/07, WP No. 3039/07, C.P. No. 131/06 & C.P. No. 287/07. The petitioners in writ petition No. 53(13) of2008 have specifically drawn the attention of Hon'ble High Court towards clause No.5 of the agreement on the basis of which the earlier litigation was disposed off by Hon'ble High Court through its order dated 2.8.2007. The said clause 5 as incorporated in the order of Hon'ble High Court dated 2.8.2007 is reproduced as under:

"It is also agreed between the learned senior counsel's that the elections held on July 18, 2007 and the subsequent election of President/Vice President/Office bearers of the Society held on July 27, 2007 shall abide by the final order passed by the appellate authority in appeal."

The Hon'ble High Court in its order dated 22.9.2008 has observed in this contest as under:

"A bare perusal of Clause-5 of the agreed order passed between the parties in the earlier litigation clearly depicts that the elections held on July 27, 2007 were to abide by the final order passed by the Appellate Authority in appeal. Once parties had agreed on that question, the Tribunal could not have permitted them to deviate from the same, and pass a different order, and even in violation of the directions issued by this Court.

Besides the aforesaid fact, I find that the observations made by the apex Court in the case of Baby Samuel v. Tukaram Laxman Sable, 1995 Suppl. (4) SCC 215, are also relevant for the controversy in question, as follows:

Because the State Government did not pass any orders on the stay petition filed by the appellant in his appeal preferred against the orders of removal/disqualification, the Collector notified and held an election to the office of the President whereas Shri Sable was elected as President. This election was again a consequence of t