AIR 1987 RAJASTHAN 198 ::(1987) 23 CoopLJ 195 ::(1986) Raj LR 782

Rajasthan High Court

Hon'ble Judge(s): M. B. Sharma , J

(A) Rajasthan Co-operative Societies Act (13 of 1965) , S.36, S.148— Rajasthan Co-operative Societies Rules (1966) , R.38— Removal of Committee of Co-operative Societies or its member whether nominated or elected - Opportunity of hearing must be given. Constitution of India , Art.226— Before a Committee of a Co-operative Society or any of its member can be removed, it is necessary that a reasonable opportunity to state its or his objections should be provided. Even in the case of nominated Board of Directors and nominated Director/Chairman once a person is nominated as Director/Chairman before the expiry of the term he can only be removed after giving an opportunity of being heard under S.36. A person who is nominated to an office for a term holds that office and it cannot be said that only an elected person holds that office and so far as a nominated person is concerned, he will only have a privilege.(Para 6) Thus where the petitioner, a nominated Chairman of the Board of Directors of Cooperative Society was impliedly removed by an order reconstituting a new Board of Directors of the Society without giving the petitioner an opportunity of showing cause, the order was illegal. Giving an opportunity of being heard before a Committee or its Member could be removed is envisaged in S.36. Even if there would not have ....