Amendment status not verified — confirm the current text below against the official source.
Where managing committee of a society has been superseded, and a committee of Administrators appointed, no tenure for members of committee or Administrator is fixed. This Committee can be reconstituted by dropping some of the members without the dropped members being entitled to a hearing before order of removal by the Registrar. Padma Charan Samant Singhar vs. Registrar, AIR 1981 Orissa 150. See also Parmeshwara Bagh vs. State ofOrissa, AIR 1981 Orissa 154. Where written consent of financing Bank has been obtained prior to the passing of order of supersession of managing committee of a co-operative society, the order of supersession is not vitiated on account of any defect in notice to the Bank, since no further notice was required under law. Durga Shankar Kar vs. State of Orissa, AIR 1982 Orissa 20. Order of supersession passed by Assistant Registrar by virtue of powers of Deputy Registrar delegated to him, cannot be said to be without jurisdiction. ibid. Where the Managing Committee of a Co-operative Bank has been superseded by an order of the Registrar, the Special Officer appointed under section 41 has jurisdiction to discharge the functions of the erstwhile Managing Commitee. The Special Officer, acting as the Disciplinary Authority is competent to reject the findings of an Enquiry Committee. However, in such cases, the Special officer must record his reasons for coming to a contrary conclusion, and the contrary finding by him must be based on the materials on record. Special Officer vs. Madan Prasad, 1986 PLJR (NOC) 74. The power of State to act under sub-section (9) of section 41 is not available where the initial order had been passed by the Registrar under section 41 (1). The power conferred on the State Government by section 41 (9) can be exercised only in cases where the order of supersession was passed by the State Government itself in exercise of power under section 41 (6). Prabhu Dayal Singh vs. State of Bihar, 1987 PLJR 645. Removal of office bearers of a society without opportunity of hearing is violative of principles of natural justice. Narsingha Charan Acharya vs. State of Orissa, AIR 1985 Orissa