Supreme Court of India
State of M.P. and Others v. Sanjay Nagayach and Others
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
We are of the view that the order of supersession F dated 30.9.2011 is not only in clear violation of the second proviso to Section 53(1) of the Act, but also the allegations raised in the show-cause-notice are deficiencies mostly relating to systems and procedures and are of general nature and not grave enough to overthrow a democratically elected Board of G Directors.
Judgment, page 26
From the headnote
Madhya Pradesh Co-operative Societies Act, 1960: s.31(1), second and third provisos and s.31(2) read with s.49(7 )(i), proviso - Supersession of Board of Directors of District Co-operative Bank - Without prior consultation with RBI ..:.. Held: When an authority invested with the power purports to act on its own but in substance the power is exercised by external guidance or pressure, it would amount to non-exercise of power, statutorily vested - In the instant case, there is sufficient evidence to conclude that Joint Registrar was acting under extraneous influence and under dictation - Order…
Authorities it was built on
- 1987 Reserve Bank of India v. Peerless General Finance & Investment Co. Ltd. Ors. and Vice Versa
- 2010 United Bank of India v. Satyawati Tondon and Others
- 1992 Indian Administrative Service (s.c.s.) Association, U.P. and Ors. v. Union of India and Ors.
- 1991 State of Jammu and Kashmir v. A. R. Zakki and Ors.
- 2010 Lalu Prasad Yadav v. State of Bihar & Anr.
- 2002 Gauhati High Court and Anr. v. Kuladhar Phukan and Anr.
- 2009 M/s. Ansal Properties & Industries Ltd. v. State of Haryana & Anr.
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