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2009 Supreme(MP) 862
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Shri K.C. Sharma, Chairman and P.O. Mishra, Member
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R.N. Dubey v. Joint Registrar Coop. Societies, Sagar and others
çFke vihy Ø- 274 lu~ 2008] fu.khZr fnukad 20-8-2009-
First Appeal No. 274 of 2008: Decided on 20.8.2009.
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R.N. Nagre for appellant;
Anoop Shanna, Government Advocate for respondent No. 1;
Sanjay Bajpai for respondent No.3.
Headnote: ¼1½ ifjlhek vf/kfu;e] 1963 && /kkjk 5&& vihy Qkby djus eas foyac dh ekQh && vihykFkhZ chekj gqvk && fpfdRlk izek.ki= izLrqr fd;k && dkj.k ;qfDr;qDr gksus ls foyac ekQ fd;k x;kA ¼ iSjk 5
¼2½ lgdkjh lkslkbVh vf/kfu;e] 1960 ¼e-iz-½ && /kkjk 19&x ¼1½ && ‘kkldh; vf/klwpuk fnukad 13-9-2004 && lwpuk rFkk vkns‘k foRrh; cSad es Hkh i`"Bkafdr && ek= la;qDr jftLVªkj gh /kkjk 19 &x ds v/khu vf/kdkfjrk dk iz;ksx dj ldrk gSA ¼ iSjk 7
¼3½ lgdkjh lkslkbVh vf/kfu;e] 1960 ¼e-iz-½ && /kkjk 19&x ¼1½ rFkk 19&x ¼2½ cSad ds funsZZ‘kd dks dqN vkfFkZd vfu;ferkvksa ds dkj.k gVk;k x;k && mls mldh izkFkfed lfefr ls ugha gBk;k tkuk pkfg, tc lfefr }kjk fdlh izdkj dh gkfu ugha mBkbZ xbZA
,l-,-dz- 57@2009] ,Q-, 16@2006] , vkb vkj 1967 e-iz- 211 rFkk 2008 jk fu 291 voyafcrA ¼ iSjk 13
(1) Limitation Act, 1963 -- S. 5 -- condonation of delay in filing appeal -- appellant fell ill -- medical certificate submitted -- cause being reasonable delay condoned. [Para 5
(2) Cooperative Societies Act, 1960 (M.P.) -- S. 19-C (1) -Government notification dated 13.9.2004 -- notice and order also endorsed to financial Bank -- jurisdiction exercised by Joint Registrar can alone exercise jurisdiction under S. 19-C (1). [Para 7
(3) Cooperative Societies Act, 1960 (M.P.) -- S. 19-C and 19-C (2) -- director of Bank removed for some financial irregularities -- he should not also be removed from his primary society when no loss of any kind has been sustained by the society. SA No. 57/2009, FA 16/2006, AIR 1967 MP 211 & 2008 RN ~91 relied on. [Para 13
Mishra, Member -- 1. This order shall also govern the disposal of First Appeal 26/09 (Rajendra Guru v. Joint Registrar Sagar and others) for the order and the issue being identical.
2. Brief facts of the matter are such that the appellant being a member of the respondent No.2 Society was representing it in respondent No.3 Bank and he was holding the post of Director in respondent No.3 Bank. There was an allegation about a financial irregularity and an enquiry conducted by Assistant Registrar. The report was submitted to JR on 14.8.2008. The Joint Registrar thereupon issued a notice u/s 19-C (2) for him to show cause why he be not expelled from the membership of the society for six years. The appellant submitted a reply on 30.8.2008 but the Joint Registrar through the impugned order 23.9.2008 has expelled the appellant from the membership of respondent Society for six years. This is an appeal against this order.
3. Learned counsel Shri R.N. Nagre pleading for the appellant submitted that the JR had passed the impugned order in encroachment of the jurisdiction of Assistant Registrar Cooperative Societies Damoh. As regards the financial irregularity, the appellant was not responsible. According to the learned counsel the order of the Joint Registrar is against the following judicial presidences in the matter --
FA 67/06 Brijwasi Prasad Mishra, former President Zila Thok Upbhokta Bhandar v. Joint Registrar Coop. Societies, Rewa.
2006 RN 217 Naresh Chandra Jain v. Sub Registrar. Coop. Society Raisen.
Revision 309/99, 326/00 dated 24.11.2000, Khem Chand v. Joint Registrar Coop. Societies Ujjain and others.
1997 RN 345 Sohanlal v. Registrar Coop. Societies.
4. Learned counsel Shri Sanjay Bajpai appearing for respondent No.3 Bank submitted that the appeal is time barred as it has been presented on 15.12.2008 against the impugned order dated 23.9.2008.
5. Obviously there is an application u/s 5 of Limitation Act for the condonation of the delay. The appellant in this application has furnished the medical certificate about his illness from 27.9.2008 to 30.11.2008. It has also been urged that the delay caused was beyond his reasonable control. The condonation of delay in the matter being justifiable is allowed.
6. On the perusal of the record of the Joint Registrar it is apparent that the notice U/S 19C (2), 18.8.2008 has been issued to the appellant as well as to respondent No.2 Society. The copy of it has been endorsed to respondent No.3 Bank. Appellant has submitted his reply but according to the minutes of JR recorded on 15.9.2008 ·since no reply was received from respondent No. 2 and 3, therefore the impugned order was passed.
7. As regards the jurisdiction of Joint Registrar that cannot be under challenge as the Joint Registrar Cooperative Societies Sagar according to Government notification dated 13.9.2004 have all powers in respect of District Damoh in reference to all the sections of the Act. It is also pertinent to note as the notice and order have been also endorsed to Distt. Central Cooperative Bank Damoh, which is a financing Bank, the Assistant Registrar Cooperative Societies, Damoh could not exercise any power as the financing bank was also impleaded. Therefore the objection about the Joint Registrar stepping into the matter is not sustainable.
8. The only point worth consideration is about the fact that whether the provision of section 19-C (2) has been followed or not. We have analysed this provision in greater detail in SA 5712009 (Nandlal Arora v. DRCS. Gwalior) The relevant part of this decision is therefore reproduced for arriving at a proper conclusion in the present matter.
9. We have analysed this matter of section 19-C in First Appeal No. 16/ 2006 Brijwasi Prasad v. JRCS Rewa and others in our order dated 14th May 2009 in detail. We therefore reproduce this part as the matter is quite identical.
"In support of his argument on point No.1, the learned counsel for the appellant has placed hi
