(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 required to be gi