Excelsior Correspondent
JAMMU, Dec 19: Division Bench of State High Court comprising Chief Justice MM Kumar and Justice Tashi Rabstan today dismissed two LPAs filed by the Board of Directors of Jammu Central Co-operative Bank Limited challenging judgment and order passed by the Writ Court.
The Registrar Cooperatives, while dealing with the issue relating to election of Board of Director of JCCBL, vide interim order dated May 6, 2014 restrained the Board of Directors from exercising any power till the interim directions were vacated or modified.
The Registrar Cooperatives even directed that the affairs of the Central Cooperative Bank Ltd were to be looked after by the Joint Registrar (Adm) Cooperative Societies, J&K.
However, the order of Registrar Cooperatives was stayed by the Special Tribunal vide its order dated May 8, 2014. This order was challenged before the Writ Court by way of two petitions filed by one Ajeet Kumar Bawa and Registrar Cooperative Societies by invoking jurisdiction envisaged under Section 103 of J&K Constitution read with Article 226 of the Constitution of India.
The Writ Court allowed the petitions and passed judgment vide order dated October 1, 2014 and this was challenged by way of two LPAs filed by Board of Directors of JCCBL before the Division Bench.
The DB after hearing both the sides, observed, “no LPA would be competent against an order passed by a Single Judge in exercise of jurisdiction under Section 104 of the Constitution of J&K read with Article 227 of the Constitution of India”, adding “once this position is clear we don’t feel the necessity of deciding any other argument raised by learned counsel for the parties”.
Accordingly, DB dismissed the LPAs along with various connected applications.
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