HC allows 2 petitions, quashes disqualification clause

Elections to Managing Committee of CC Bank

Excelsior Correspondent
JAMMU, June 6: Justice Hasnain Massodi today allowed two petitions filed by Dinesh Gupta and Kailash Kumar Langer and quashed the impugned communication No RCS/BF/342 dated November 4, 2011 to the extent it brings the candidates/aspirants for election to the Management Committee of the Citizens Cooperative Bank within ambit of Section 29-A of Cooperative Societies Act.
After hearing Advocate Abhinav Sharma and Advocate Rohit Lega for the petitioners whereas Deputy AG B R Chandan, Advocates Sanjay Kakkar, Rajnish Parihar and Aseem Sawhney for interveners, Justice Massoodi observed, “Section 29-A introduced by amending act of 2010 shall not stand in the way of petitioners to seek elections to the management committee of Citizen Cooperative Bank”.
The petitioners had questioned the disqualification envisaged by Section 29-A of the J&K Cooperative Societies Act as amended by Act of 2010 particularly with regard to the elections to the managing committee of CC Bank.
“Registrar Cooperative Societies lacks authority to widen the scope of Section 29-A when the law makers in their wisdom have restricted operation of Section 29-A to Cooperative Credit Structure. The petitioners stand as regards the impugned communication is thus destined to succeed”, the Court said.
With these observations, Justice Hasnain Massodi allowed these two petitions thus paving way for the petitioners to contest elections.

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