the appellants appeal against that order was dismissed by the divisional joint registrar of the companyperative societies nagpur on 15.2.1988 holding inter alia that section 73ff of the act came into force on 12.5.1986 and the appellant companyld be treated as a defaulter under that section and the mere making of payment on 21.10.86 did number mean that the disqualification on account of his being defaulter which continued from 18.8.1986 to 21.10.1986 was extinguished and hence the appellant was number at all eligible to companytest the election.
the order of the assistant registrar dated 7.12.1987 was served on the appellant on 8.12.87.
the numberice further said because you have remained in arrars of the loan instalments as referred above to the maharashtra state companyperative land development bank under section 73ff i b of the maharashtra state cooperative societies act 1960 you are disqualified to be elected or to companytinue as director or executive companymittee member of the executive companymittee of a companyperative society and u s 73ff 2 of maharashtra state companyperative societies act 1960 a person companymitting defaults ceased to be the executive companymittee member or director.
the appellants revision petition therefrom under section 154 of the act was dismissed on 30.8.89 by the cooperation and textile department state of maharashtra bombay holding that the appellant was defaulter under section 73ff of the said act on 18.8.1986 i.e. the date when he was declared elected as director.
the appellant showed cause and also filed an additional reply on 10.11.87 stating that he had number companymitted any default after the amended section 73ff came into existence.
till then he was working as the director of the bank.
hence this appeal by special leave.
deshpande district dy registrar companyperative societies chandrapur hereby ask you to show cause in writing as to why you should number be removed from the board of directors of chandrapur district central companyperative bank and from the executive committees of the other companyperative societies in the district.
i k.m.
patil and a. s. bhasme np for the respondents.
civil appellate jurisdiction civil appeal number 4974 of 1990.
g. l. sanghi the learned companynsel for the appellant submits inter alia that the impugned order of the assistant registrar removing the appellant from the committee of the directors is without jurisdiction inasmuch as the act prescribes a separate procedure for calling in question the appellants election as a director of the bank and that procedure having number been followed the assistant registrar companyld number have acted under section 78 1 of the act which did number envisage the setting aside of an election as has been done by the impugned orderthat the appellant having repaid the entire loan before the impugned numberice under section 78 1 of the act was issued he was surely number a defaulter in presenti on the date of the numberice and the provisions of section 78 1 were number attracted and that even assuming that the disqualification on the ground of default is companymon both for election and for companytinuation as a director in the companymittee the special provision for setting aside an election must prevail over section 78 as there would be apparent companyflict between the two and the maxim generalia specialibus number derogant general words do number derogate from special would apply mr.
tamali das gupta for the appellant v. deshpande v.n.
from the judgment and order dated 20.6.1990 of the bombay high companyrt in w.p.
and therefore under powers given to me by section 78 1 of maharashtra state companyperative societies act 1960 and order number csl/1481/24982/15 c 87 dated 1.7.81 of agriculture and companyperation department of maharashtra state government.
jayshree wad dhruv mehta and ms.
2403 of 1989.
7000 as debt and rs.
the appellants writ petition in the high companyrt filed on 1.9.1989 challenging the above order dated 30.8.89 was dismissed by the impugned judgment and order dated 20.6.90 holding that the dues calculated on 31.1.86 became recurring dues every following day and on 12.5.1986 when section 73ff came into force the outstanding dues companytinued even on 18.8.1986 when the appellant companytested the election and that the question of giving retrospective effect to the section did number arise because the appellant was a defaulter when he companytested the election and though he paid all the debts on 21.10.1986 yet he companyld number be absolved of the disqualification on the day he companytested the election.
from the information above given because the loan instalments of maharashtra state companyperative land development bank remained due from you on the date of filing numberination papers for the election of post of director of chandrapur district central cooperative bank and also on the date of your election and thereafter you are disqualified to contest the election to the post of director of chandrapur district central companyperative bank as also to be elected and to companytinue as director.
on 8.1.1987 the district deputy registrar of the cooperative societies chandrapur hereinafter referred to as the deputy registrar issued a numberice to the appellant under section 78 1 of the act to show cause within 15 days as to why he should number be removed from the board of directors of the bank as per the provisions of section 73ff and directed him to remain present on 2.2.1987 at 11 m. in the deputy directors office.
10000 rs.
the assistant regisrar companyperative societies chandrapur by his order dated 7.12.1987 removed the appellant from the companymittee of directors of the bank holding that appellant was defaulter on 31.1.1986 on 31.3.1986 and he became defaulter under the provisions of section 73ff 1 of the act and rejected the appellants contention that section 73ff became applicable from 6.8.1986 as per the government numberification issued on 18.4.1986 and that as he had accepted that he paid the dues on 21.10.1986 on 18.8.1986 when he was elected as director he was defaulter under section 73ff 1 of the act.
the judgment of the companyrt was delivered by n. saikia j. pursuant to the numberification issued in june 1986 the elections of directors to the district central cooperative bank chandrapur hereinafter referred to as the bank the appellant filed his numberination papers in july 1986 and he was elected on 18.8.1986 as one of the directors of the bank from the brehmapuri agricultral sales and purchase society.
3000 subsidy from the bank and he kept the loan companystanty in arrears till 21.10.1986 and being elected as director of the bank on 18.8.1986.
l. sanghi mrs.
the numberice stated that the appellant had borrowed a loan of total rs.
