Shrigopal Gupta vs The State Of Madhya Pradesh
2021 Latest Caselaw 5000 MP

                   HIGH COURT OF MADHYA PRADESH
                 1                                    W.P.No. 17057/2021
                ( Shrigopal Gupta Vs. State of M.P. & Ors.)

Gwalior Bench:
Dated -03/09/2021
     Shri Raghvendra Dixit learned counsel on behalf of Shri
Vijay Jha, learned counsel for the petitioner.
      Shri      Devendra Chaubey, learned Govt. Advocate for
respondents/State.

Shri Mahesh Goyal, learned counsel for the intervenor. Heard on I.A.No. 11599/2021, an application for intervention.

Applicant is a Director of the Bank and she is eligible to contest the election to the post of President, therefore, she has filed this application for intervention.

On due consideration, application is allowed and intervenor is allowed to be arrayed as respondent No. 5 in the petition. Necessary impleadment be carried out by the petitioner within seven days and after impleadment being carried out, a copy of amended petition be supplied to the newly added respondent No.

5. Also heard on admission as well as interim relief. Petitioner has preferred this petition being crestfallen by order dated 28/08/2021 (Annexure P/1) passed by Returning Officer of Commercial and Industrial Cooperative Bank Limited, Morena to conduct election of Chairman due to death of earlier Chairman of the society.

It is the submission of learned counsel for the petitioner that respondents erred in conducting election due to death of Chairman of the Society because as per Section 48-A(10), if half of the tenure is still pending then the society has to first elect the Directors and thereafter amongst the Directors, Chairman would HIGH COURT OF MADHYA PRADESH

( Shrigopal Gupta Vs. State of M.P. & Ors.)

be elected.

Learned counsel for the respondents raised the question of maintainability of the petition as per Section 64 (2) (v) of Madhya Pradesh Cooperative Societies Act, 1960. Petitioner is only a member of the society and not Director, therefore, he has no occasion to agitate. Election process has been started, therefore, as per the judgment of Division Bench of this Court in the case of Satish Kumar Pandey and Ors. Vs. State of M.P. & Ors., (W.A.No. 1244/2020 decided on 18/3/2020) and by coordinate Bench of this Court in the case of Nathuram Sharma Vs. State of M.P. & Ors. 2016 (1) MPLJ 325, no interference can be made.

Issue notice to the respondents by RAD post on payment of process fee within seven working days after providing amended copy of W.P. Notice be made returnable within three weeks.

List after service of notice.

(Anand Pathak) Judge jps/-

JAI Digitally signed by JAI PRAKASH SOLANKI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH

PRAKASH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=287738d30aabaeda9b10cecdf

SOLANKI 179cec865c7633f4cfb9e38ce14fcbb05 b9522a, cn=JAI PRAKASH SOLANKI Date: 2021.09.06 11:25:21 +05'30'