news details |
|
|
| Sainik Cooperative Society elections: HC orders status quo | | | Early Times Report
jammu, Feb 26: High Court judge Bansi Lal Bhat today directed status quo in the case of elections of Sainik Cooperative House Building Society, Jammu.
The court directive came in a petition filed by Sainik Cooperative House Building Society chairman Amar Singh and the society's elected members of Board of Directors -- Narinder Singh, Harman Singh and Chuni Lal.
Through their counsel, the petitioners have challenged the February 16, 2016 order of Bench II (Member Judicial) of Special Tribunal, stating that it has wrongly entertained the appeal under J&K Cooperative Societies Act presuming the tribunal to have the jurisdiction to hear appeals under section 158 of Cooperative Tribunal, and then exercising suo motu powers and wrongly converted the appeal under J&K Cooperative Societies Act into a revision and then passing a harsh order, setting aside the order of Registrar Cooperative Societies whereby the September 12, 2015 resolution passed by majority vote and electing Amar Singh as chairman and Harnam Singh as joint chairman of Sainik Cooperative House Building Society has been set aside.
He submitted that though majority of voters are on the side of Amar Singh and the group which was running affairs of the society till today, but the tribunal order was bad in light of the law and facts of the case.
He said vide its impugned judgment, the tribunal had wrongly held that the powers of "suo motu conversion" of an appeal wrongly filed before the wrong forum could be treated as a revision against the canons of established law, and without discussing the law in this regard cited by the petitioners. "The law says that the powers of conversion by the high court and the civil courts are by virtue of the inherent powers which the tribunal does not have," he added.
He submitted on merits also, the tribunal had not appreciated the facts and law in proper perspective and permitted the revision of respondent No 2, Brig (retd) S S Sambyal, who admittedly was in minority in the board. It has resulted in grave traversity of justice.
He said since the petitioners till date were exercising their powers are chairman and office bearers of the society and therefore, they be permitted to continue in running the affairs as Brig (retd) Sambyal, the ex-chairman, had lost the majority support and recommended dissolution of the board.
The counsel said Rule 25 of Special Tribunal reads that in case there "arises any question of law, the same shall be decided by the full bench of the tribunal consisting of at least its chairman and two members". He said in another petition filed by the petitioners, the high court had stayed November 20, 2015 order passed by Registrar Cooperative Societies whereby he had directed the petitioners not to take any decision regarding transfer of plots and shops. Pursuant to this order of the high court, the petitioners were doing necessary work and performing the functions which were in vogue till date. (JNF) |
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
|
|
STOCK UPDATE |
|
|
 |
| BSE
Sensex |
 |
| NSE
Nifty |
|
|
| |
CRICKET UPDATE |
|
|
|
|
| |
| |
|
|
| |
|
|
|
|
| |
|
|
|
|
|
|
|
|
|
|
|
|
|
