Excelsior Correspondent
JAMMU, Oct 1: High Court today set-aside the order of Special Tribunal regarding stay of the order of Registrar Cooperative Societies vis-à-vis the affairs of the Jammu Central Cooperative Bank Limited.
The Special Tribunal had stayed the order of Registrar Cooperatives Societies whereby he had directed Joint Registrar (Adm) Cooperative Societies to look after the affairs of the Jammu Central Cooperative Bank Limited till the framing of Board of Directors whose election is the subject matter of the arbitration petition.
After hearing battery of lawyers from both the sides, Justice Janak Raj Kotwal set-aside the order of Special Tribunal, Jammu dated 08.05.2014. “Given the urgency and importance of the matter which is evident from the pleadings of the parties, Special Tribunal shall straightway take up the main revision petition and dispose of the same expeditiously and in any case within two weeks after first effective hearing”, Justice Kotwal directed.
“Tribunal may, however, pass order in the stay application after hearing both the sides simultaneously in the main revision petition and the stay application”, High Court said, adding “the respondents on the first hearing before the Tribunal shall file their objections to the stay application. Parties shall cause their appearance before the Tribunal on 13.10.2014”.
The Chairman, Jammu Central Cooperative Bank vide Order No. Adm/Election/01-02 dated 02.04.2014, claiming to have been authorized by the Board of Directors in its meeting dated 10.03.2014, notified 18.05.2014 as the date for holding election to the Board of Directors of the JCCB and appointed Mohan Singh Bhatti, Retired Assistant Registrar, Cooperative Department as Returning Officer.
The Returning Officer vide his No. ENT/12-14 dated 22.04.2014 issued a notice giving schedule of the election fixing inter alia 03.05.2014 as last date of withdrawal of candidature and 18.05.2014 as the date of poll, if necessary. The Returning Officer vide his No. RO/Elections/BODs JCCB/106-119 dated 03.05.2014 declared the result showing that the nine members were elected unopposed to the Board of Directors of JCCB.
The petitioner, Ajit Kumar, claiming to be the President of Multi Purpose Cooperative Society Limited, Muthi, Rakhwalal, filed an Election Petition before the Registrar Cooperative Societies, under Sub-Rules (5), (6) and (7) of the Jammu and Kashmir Co-operative Societies Rules 2001. He assailed the election on various grounds. On presentation of this Election Petition, the Registrar, having regard to ‘gravity of the issue,’ issued interim direction restraining the newly elected Board of Directors from exercising their powers.
The Board of Directors, however, instead of responding to the notice issued by the Registrar, assailed the interim direction dated 06.05.2014 in a revision petition before the Special Tribunal, which besides calling the record, stayed the operation of interim direction dated 06.05.2014 issued by the Registrar.
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