J U D G M E N T

(Pronounced on 22/04/2021) Per: 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.6913/2917-Brij Kumar Chanpuriya Vs. State of M.P. & others decided on 15.5.2017 and another in Writ Appeal No.551/2019-Anter Singh & others Vs. State of M.P. & 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 WP No.6913/2017 on 15.05.2017 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 WP 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 requir