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| HC quashes superseding of JKCHC Jammu | | | EARLY TIMES REPORT
JAMMU, December: 06 (JNF):- Justice JP Singh of J&K High Court (Jammu Wing) in the much publicized superseding of Board of Directors J&K Cooperative Housing Corporation Jammu, quashed the Govt order No 27-COOP of 2010 dated November 29, 2010 having been issued in violation of provisions of section 30 of the J&K Cooperative Societies J&K Act 1989 and appointed 3rd Additional Sessions Judge Jammu Mr. Pawan Dev Kotwal as Board of Management.
The Board of Directors K Cooperative Housing Corporation Jammu has filed petition seeking quashment of Govt dated November 29, 2010 whereby superseding the Board of Directors, the Govt of J&K appointed Mr. Sanjeev Verma Deputy Commissioner Jammu as Chairman and Joint Registrar B&F Cooperative Societies, Joint Registrar (Special) and Deputy Registrar (Agri) as members for a period of two months to take steps to conduct the elections to the Board of Directors of the Society. The plea raised by the petitioners to question the Govt order impugned that the order impugned was bad in law, statutory notice of 15 days as contemplated in the provisions of section 30 of J&K Cooperative Society Act 19879 had not been issued to the Board before its supersession.
The court after hearing the partiers observed that during the course of consideration of petition it transpired that the terms of the Board of Directors was to be expire on December 17, 2010 and the election process initiated by the corporation before its supersession frustrated. The situation that the process of election initiated by the society may not be completed before the expiry of its term even if Govt order to be set-aside and in view of the allegations appearing against the management of the society in the impugned order of its supersession, it was suggested by the counsel for the parties that the Court may, in the interest of the corporation and its affairs appoint an independent person to act as the Board of Management of the said Corporation, who may run the affairs of the Corporation and initiate election process for the electing the Board of Directors in accordance with law, rules and bye-laws governing the corporation. Court appointed 3rd Additional Sessions Judge Jammu Pawan Dev Kotwal as Board of Management of the J&K Cooperative Housing Corporation Jammu to carry out affairs of the corporation and hold elections to its Board of Directors. JNF
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