Uday Singh Nagpure vs State Of M.P.
2022 Latest Caselaw 5233 MP

                                                 W.P. No.7496/2020
                                                & Connected Matters
                             1



        IN THE HIGH COURT OF MADHYA PRADESH
                     AT JABALPUR
                            BEFORE
     HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
                    ON THE 11th OF APRIL, 2022

               WRIT PETITION No. 7496 of 2020
       Between:-
       NEELESH AWASTHI S/O RAJENDRA
       AWASTHI, AGED ABOUT 46 YEARS,
       OCCUPATION: BUSINESSMAN 159 GRAM
       AMODA TEHSIL MAJHOLI POST KHAND
       (MADHYA PRADESH)



                                                .....PETITIONER
       (SHRI HIMANSHU MISHRA, LEARNED COUNSEL FOR THE
       PETITIONER )

       AND

1.     THE STATE OF MADHYA PRADESH
       PRINCIPAL SECRETARY DEPARTMENT
       OF COOERATION VALLABH BHAWAN
       BHOPAL (MADHYA PRADESH)



2.     OFFICE      OF     COMMISSIONER
       COOPERATION    AND    REGISTRAR
       SOCIETIES THROUGH COMMISSIONER
       VINDHYACHAL    BHAWAN   BHOPAL
       (MADHYA PRADESH)



3.     OFFICE    OF   JOINT    REGISTRAR
       COOPERATIVE   SOCIETIES   DIVISION
       JABALPUR (MADHYA PRADESH)



                                            .....RESPONDENTS

(SHRI LALIT JOGLEKAR, LEARNED GOVERNMENT ADVOCATE FOR THE RESPONDENTS/STATE )

WRIT PETITION No. 7386 of 2020 Between:-

SUBHASH SHUKLA S/O LATE SHRI RAMSWAROOP SHUKLA , AGED ABOUT 67 W.P. No.7496/2020 & Connected Matters

YEARS, OCCUPATION: AGRICULTURIST R/O 33, PANCHWATI COLONY, AIRPORT ROAD, DISTT BHOPAL (MADHYA PRADESH)

.....PETITIONER (MS. POOJA GUPTA, LEARNED COUSNEL FOR THE PETITIONER )

AND

1. THE STATE OF MADHYA PRADESH THR.

SECRETARY DEPARTMENT OF COOPERATIVE VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

2. JOINT REGISTRAR CO OPERATIVE SOCIETIES BHOPAL VINDHYACHAL BHAWAN, BHOPAL (MADHYA PRADESH)

3. DEPUTY REGISTRAR CO OPERATIVE SOCIETIES BHOPAL M.P. AND ADMINISTRATOR, DISTRICT COOPERATIVE CENTRAL BANK MYDT. BHOPAL 24-25 T.T.NAGAR DISTT BHOPAL (MADHYA PRADESH)

.....RESPONDENTS

(SHRI LALIT JOGLEKAR, LEARNED GOVERNMENT ADVOCATE FOR THE RESPONDENTS/STATE)

WRIT PETITION No. 7427 of 2020 Between:-

GOVIND SINGH GOUR S/O SHRI BHAGWANT SINGH GOUR , AGED ABOUT 49 YEARS, OCCUPATION: BUSINESSMAN VILLAGE SIMARIYA POST DEVRAHA TEH. JATARA SIMARIYA DISTRICT TIKAMGARH, (MADHYA PRADESH)

.....PETITIONER

(SHRI HARJAS SINGH CHHABRA, LEARNED COUNSEL FOR W.P. No.7496/2020 & Connected Matters

THE PETITIONER ) AND

1. THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY DEPTT. OF COOPERATIVE VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

2. OFFICE OF COMMISSIONER COOPERATION AND REGISTRAR COOPERATIVE SOCIETIES THROUGH COMMISSIONER VINDHYACHAL BUILDING BHOPAL (MADHYA PRADESH)

3. OFFICE OF JOINT REGISTRAR COOPERATIVE SOCIETIES DIVISION SAGAR, DISTRICT SAGAR (MADHYA PRADESH)

4. OFFICE OF DEPUTY REGISTRAR COOPERATIVE SOCIETIES, TIKAMGARH (MADHYA PRADESH)

.....RESPONDENTS (SHRI LALIT JOGLEKAR, LEARNED GOVERNMENT ADVOCATE FOR THE RESPONDENTS/STATE)

WRIT PETITION No. 7452 of 2020 Between:-

SANTOSH KUMAR PANDEY S/O LATE SHRI DAYASHANKAR PANDEY, AGED ABOUT 69 YEARS, OCCUPATION: BUSINESSMAN RADHA MEDICAL, ITWARI WARD SAGAR (MADHYA PRADESH)

.....PETITIONER

(SHRI HARJAS SINGH CHHABRA, LEARNED COUNSEL FOR THE PETITONER ) AND

1. THE STATE OF MADHYA PRADESH THR.

SECRETARY HOME POLICE DEPT. VALLABH BHAWAN, BHOPAL (MADHYA W.P. No.7496/2020 & Connected Matters

PRADESH)

2. OFFICE OF COMMISSIONER COOPERATION AND REGISTRAR COOPERATIVE SOCIETIES THR. ITS COMMISSIONER DEPARTMENT OF COOPERATIVES VINDHYACHAL BHAWAN BHOPAL (MADHYA PRADESH)

3. OFFICE OF JOINT REGISTRAR COOPERATIVE SOCITIES DIVISION SAGAR (MADHYA PRADESH)

.....RESPONDENTS (SHRI LALIT JOGLEKAR, LEARNED GOVERNMENT ADVOCATE FOR THE RESPONDENTS/STATE)

WRIT PETITION No. 7513 of 2020 Between:-

ASHOK SINGH S/O SHRI RAJENDRA SINGH , AGED ABOUT 57 YEARS, OCCUPATION: ADMINISTRATOR OF MP RAJYA SAHAKARI BANK MYDT i.e. APEX BANK R/O LADWAYA BHITARWAH DEVELOPMENT BLOCK, DISTRICT GWALIOR (MADHYA PRADESH)

.....PETITIONER

(SHRI HIMANSHU MISHRA, LEARNED COUNSEL FOR THE PETITIONER ) AND

1. THE STATE OF MADHYA PRADESH THROUGH CHIEF SECRETARY VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

2. STATE OF MP THROUGH PRINCIPAL SECRETARY COOPERATION DEPTT. VALLABH BHAWAN, BHOPAL (MADHYA PRADESH) W.P. No.7496/2020 & Connected Matters

3. COMMISSIONER COOPERATION AND REGISTRAR COOPERATIVE SOCIETIES VINDHYACHAL BHAWAN BHOPAL (MADHYA PRADESH)

.....RESPONDENTS

(SHRI LALIT JOGLEKAR, LEARNED GOVERNMENT ADVOCATE FOR THE RESPONDENTS/STATE)

WRIT PETITION No. 7769 of 2020 Between:-

RAJA BAGHEL S/O BABULAL BAGHEL , AGED ABOUT 46 YEARS, OCCUPATION: ADVOCATE R/O RANI DURGAWATI WARD, SEONI (MADHYA PRADESH)

.....PETITIONER

(SHRI SIDDHANT KOCHAR, LEARNED COUNSEL FOR THE PETITIONER ) AND

1. THE STATE OF MADHYA PRADESH THR PRINCIPAL SECRETARY DEPARTMENT OF COOPERATIVE VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

2. OFFICE OF COMMISSIONER COOPERATION AND REGISTRAR COOPERATIVE SOCIETIES THROUGH ITS COMMISSIONER VINDHYACHAL BUILDING, BHOPAL (MADHYA PRADESH)

3. OFFICE OF JOINT REGISTRAR, COOPERATIVE SOCIETIES, DIVISION JABALPUR, DISTRICT JABALPUR (MADHYA PRADESH)

4. OFFICE OF DEPUTY REGISTRAR, COOPERATIVE SOCIETIES DISTT.SEONI (MADHYA PRADESH)

.....RESPONDENTS W.P. No.7496/2020 & Connected Matters

(SHRI LALIT JOGLEKAR, LEARNED GOVERNMENT ADVOCATE FOR THE RESPONDENTS/STATE)

WRIT PETITION No. 7784 of 2020 Between:-

ANTAR SINGH DARBAR S/O SARDAR SINGH , AGED ABOUT 62 YEARS, OCCUPATION: SOCIAL WORKER VILLAGE-NANDED POST KAMADPUR, TEHSIL MAHOW, DISTRICT INDORE (MADHYA PRADESH)

.....PETITIONER (SHRI HIMANSHU MISHRA, LEARNED COUNSEL FOR THE PETITIONER )

AND

1. STATE OF MP THR PRINCIPAL SECRETARY DEPARTMENT OF COOPERATION VALLABH BHAWAN (MADHYA PRADESH)

2. OFFICE OF COMMISSIONER COOPERATION AND REGISTRAR COOPERATIVE SOCIETIES THR COMMISSIONER VINDHYACHAL BUILDING, BHOPAL (MADHYA PRADESH)

3. OFFICE OF JOINT REGISTRAR THR CO-

OPERATIVE SOCIETIES, DIVISION INDORE DIST INDORE (MADHYA PRADESH)

.....RESPONDENTS (SHRI LALIT JOGLEKAR, LEARNED GOVERNMENT ADVOCATE FOR THE RESPONDENTS/STATE)

WRIT PETITION No. 8149 of 2020 Between:-

ANIL PATEL S/O LATE SHRI BALARAM PATEL, AGED ABOUT 63 YEARS, OCCUPATION: ADMINISTRATOR GRAM W.P. No.7496/2020 & Connected Matters

AND POST KSHIPRA TEH. AND DISTRICT DEVAS (MADHYA PRADESH)

.....PETITIONER (SHRI HIMANSHU MISHRA, LEARNED COUNSEL FOR THE PETITIONER )

AND

1. STATE OF MP THR. SECRETARY DEPARTMENT OF COOPERATIVE VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2. REGISTRAR , CO OPERATIVE SOCIETIES BHOPAL VINDHYACHAL BHAWAN, DISTRICT BHOPAL (MADHYA PRADESH)

3. JOINT REGISTRAR CO OPERATIVE SOCIETIES, UJJAIN DIVISION, UJJAN (MADHYA PRADESH)

.....RESPONDENTS (SHRI LALIT JOGLEKAR, LEARNED GOVERNMENT ADVOCATE FOR THE RESPONDENTS/STATE)

WRIT PETITION No. 8295 of 2020 Between:-

VIRENDRA SINGH GOHIL S/O RAM SINGH, AGED ABOUT 64 YEARS, OCCUPATION: ADMINISTRATOR DISTRICT CO- OPERATIVE BANK SHAJAPUR R/O 95, ADARSH COLONY, GALI NO. 1, WARD NO. 2, SHAJAPUR (MADHYA PRADESH)

.....PETITIONER (SHRI HIMANSHU MISHRA, LEARNED COUSNEL FOR THE PETITIONER )

AND

1. THE STATE OF MADHYA PRADESH THR.

PRINCIPAL SECRETARY DEPARTMENT W.P. No.7496/2020 & Connected Matters

OF COOPERATION VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

2. OFFICE OF COOMMISSIONER COOPERATION AND REGISTRAR COOPERATIVE SOCIETIES THR. ITS COMMISSIONER VINDHYACHAL BUILDING (MADHYA PRADESH)

3. OFFICE OF JOINT REGISTRAR COOPERATIVE SOCIETIES DIVISION UJJAIN, (MADHYA PRADESH)

4. DEPUTY REGISTRAR COOPERATIVE SOCIETIES DISTRICT SHAJAPUR MP. (MADHYA PRADESH)

.....RESPONDENTS (SHRI LALIT JOGLEKAR, LEARNED GOVERNMENT ADVOCATE FOR THE RESPONDENTS/STATE)

WRIT PETITION No. 8330 of 2020 Between:-

AJIT SINGH S/O SUMER SINGH THAKUR , AGED ABOUT 43 YEARS, OCCUPATION: ADMINISTRATOR DISTRICT CO- OPERATIVE BANK UJJAIN R/O 76, PANWASA, MAXI ROAD, UJJAIN (MADHYA PRADESH)

.....PETITIONER (SHRI SAMRESH KATARE, LEARNED COUNSEL FOR THE PETITONER ) AND

1. STATE OF M.P. THR. PRINCIPAL SECRETARY DEPT. OF COOPERATION VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2. OFFICE OF COMMISSIONER COOPERATIVE AND REGISTRAR W.P. No.7496/2020 & Connected Matters

COOPERATIVE SOCIETIES THROUGH ITS COMMISSIONER VINDHYACHAL BUILDING (MADHYA PRADESH)

3. OFFICE OF JOINT REGISTRAR, COOPERATIVE SOCIETIES DIVISION UJJAIN, DISTRICT UJJAIN (MADHYA PRADESH)

.....RESPONDENTS (SHRI LALIT JOGLEKAR, LEARNED GOVERNMENT ADVOCATE FOR THE RESPONDENTS/STATE)

WRIT PETITION No. 8380 of 2020 Between:-

HEMRAJ KALPONI S/O BAPULAL JI , AGED ABOUT 52 YEARS, OCCUPATION: ADMINISTRATOR DISTRICT CO- OPERATIVE BANK RAJGARH R/O VILLAGE KALPONI POST BAKHED RAJGARH, KHUJNER, DISTRICT RAJGARH (MADHYA PRADESH)

.....PETITIONER

( SHRI HIMANSHU MISHRA, LEARNED COUNSEL FOR THE PETITONER ) AND

1. THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2. OFFICE OF COMMISSIONER COOPERATION AND REGISTRAR COOPERATIVE SOCIETIES THR. COMMISSIONER VINDHYACHAL BUILDING BHOPAL (MADHYA PRADESH)

3. OFFICE OF JOINT REGISTRAR COOPERATIVE SOCIETIES DIVISION BHOPAL D BLOCK OLD SECRETARIAT DISTT. BHOPAL (MADHYA PRADESH) W.P. No.7496/2020 & Connected Matters

.....RESPONDENTS (SHRI LALIT JOGLEKAR, LEARNED GOVERNMENT ADVOCATE FOR THE RESPONDENTS/STATE)

WRIT PETITION No. 8419 of 2020 Between:-

UMRAO SINGH GURJAR S/O SHIV LAL GURJAR, AGED ABOUT 56 YEARS, OCCUPATION: ADMINISTRATOR DISTRICT CO-OPERATIVE BANK MANDSAUR R/O 964, SCHEME NO. 36 B, NEEMUCH, DISTRICT NEEMUCH (MADHYA PRADESH)

.....PETITIONER

(SHRI SAMRESH KATARE, LEARNED COUNSEL FOR THE PETITIONER ) AND

1. THE STATE OF MADHYA PRADESH THR.

PRINCIPAL SECRETARY DEPARTMENT OF COOPERATION VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

2. OFFICE OF COMMISSIONER COOPERATION AND REGISTAR COOPERATIVE SOCIETIES THROUGH COMMISSIONER VINDHYACHAL BUILDING BHOPAL (MADHYA PRADESH)

3. OFFICE OF JOINT REGISTAR CO-

OPERATION SOCIETIES DIVISION UJJAIN (MADHYA PRADESH)

4. DEPUTY REGISTRAR COOPERATIVE SOCITIES MANDSAUR (MADHYA PRADESH)

.....RESPONDENTS (SHRI LALIT JOGLEKAR, LEARNED GOVERNMENT ADVOCATE FOR THE RESPONDENTS/STATE)

WRIT PETITION No. 8460 of 2020 W.P. No.7496/2020 & Connected Matters

Between:-

VIRENDRA SINGH SOLANKI S/O AJIT SINGH SOLANKI , AGED ABOUT 43 YEARS, OCCUPATION: ADMINISTRATOR DISTRICT CO-OPERATIVE BANK RATLAM, R/O VILLAGE BAPCHA, POST BARKHEDA KALA, BAPCHA, KARADIA RATLAM, DISTRICT RATLAM (MADHYA PRADESH)

.....PETITIONER

(SHRI SAMRESH KATARE, LEARNED COUNSEL FOR THE PETITIONER ) AND

1. THE STATE OF MADHYA PRADESH THR.

PRINCIPAL SECRETARY DEPARTMENT OF COOPERATION VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

2. OFFOCE PF COMMISSIONER CO-

OPERATION AND REGISTAR COOPERATIVE SOCIETIES THROUGH ITS COMMISSIONER VINDHYACHAL BHAWAN (MADHYA PRADESH)

3. OFFICE OF JOINT REGISTRAR CO-

OPERATION SOCIETIES DIVISION UJJAIN (MADHYA PRADESH)

4. DEPUTY REGISTRAR CO-OPERATION SOCIETIES RATLAM (MADHYA PRADESH)

.....RESPONDENTS

(SHRI LALIT JOGLEKAR, LEARNED GOVERNMENT ADVOCATE FOR THE RESPONDENTS/STATE)

WRIT PETITION No. 8461 of 2020 Between:-

KULDEEP SINGH BUNDELA S/O MOHAN SINGH BUNDELA, AGED ABOUT 45 W.P. No.7496/2020 & Connected Matters

YEARS, OCCUPATION: ADMINISTRATOR DISTRICT CO-OPERATIVE BANK DHAR R/O 20, GANPATI MARG, NOUGAON, DHAR (MADHYA PRADESH)

.....PETITIONER (SHRI HIMANSHU MISHRA, LEARNED COUNSEL FOR THE PETITIONER ) AND

1. THE STATE OF MADHYA PRADESH THR PRINCIPAL SECRETARY DEPARTMENT OF COOPERATION VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

2. OFFICE OF COMMISSIONER CO-

OPERATION AND REGISTAR COOPERATIFE SOCIETIES THROUGH ITS COMMISSIONE VINDHAYACHAL BHAWAN (MADHYA PRADESH)

3. OFFICE OF JOINT REGISTRAR CO-

OPERATION SOCIETIES DIVISION INDORE (MADHYA PRADESH)

4. DEPUTY REGISTRAR CO-OPERATION SOCIETIES DHAR (MADHYA PRADESH)

.....RESPONDENTS (SHRI LALIT JOGLEKAR, LEARNED GOVERNMENT ADVOCATE FOR THE RESPONDENTS/STATE)

WRIT PETITION No. 8581 of 2020 Between:-

1. UDAY SINGH NAGPURE S/O LATE JHANKAR SINGH NAGPURE , AGED ABOUT 58 YEARS, OCCUPATION: EX CHAIRMAN OF DISTRICT CO OPERATIVE CENTRAL BANK MARYADIT BALAGHAT R/O. VILL. HATTA TEH AND DISTT. BALAGHAT (MADHYA PRADESH)

2. SARJU PRASAD TIWARI S/O BARE LAL W.P. No.7496/2020 & Connected Matters

TIWARI AGED ABOUT 50 YEAR OCCUPATION- EX MEMBER OF BOARD OF DIRECTOR, DISTRICT COOPERATIVE SOCIETIES, CENTRAL BANK MANDLA, RESIDENCE OF VILLAGE SAGONIYA TEHSIL NAINPUR, DISTRICT MANDLA (MADHYA PRADESH)

.....PETITIONER (MS. POOJA GUPA, LEARNED COUNSEL FOR THE PETITIONERS ) AND

1. STATE OF M.P. THR. ITS PRINCIPAL SECRETARY COOPERATIVE DEPT. VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2. COMMISSIONER COOPERATIVE AND REGISTRAR COOPERATIVE SOCIETY VINDHYANCHAL BHAWAN BHOPAL (MADHYA PRADESH)

3. JOINT DIRECTOR COOPERATIVE SOCIETY DIVISION JABALPUR (MADHYA PRADESH)

4. DEPUTY REGISTRAR COOPERATIVE SOCIETIES BALAGHAT AND ADMINISTRATOR DISTRICT COOPERATIVE CENTRAL BANK MYDT. BALALGHAT (MADHYA PRADESH)

5. DEPUTY REGISTRAR COOPERATIVE SOCIETIES MANDLA AND ADMINISTRATOR DISTRICT COOPERATIVE CENTRAL BANK MARYADIT MANDLA (MADHYA PRADESH)

.....RESPONDENTS (SHRI LALIT JOGLEKAR, LEARNED GOVERNMENT ADVOCATE FOR THE RESPONDENTS/STATE) W.P. No.7496/2020 & Connected Matters

WRIT PETITION No. 8667 of 2020 Between:-

GAJENDRA @ GAURAV PATEL S/O RAGHUVIR SINGH, AGED ABOUT 40 YEARS, OCCUPATION: ADMINISTRATOR DISTRICT CO-OPERATIVE BANK DAMOH R/O VILLAGE PIPRIYA TURKAL POST SARKHDI TURKAI SARKHADI, DAMOH (MADHYA PRADESH)

.....PETITIONER ( SHRI ROHIT SOHGAURA, LEARNED COUSNEL FOR THE PETITIONER ) AND

1. STATE OF MADHYA PRADESH THR.

PRINCIPAL SECRETARY DEPARTMENT OF COOPERATION VALLABH BHAWAN (MADHYA PRADESH)

2. OFFICE OF COMMISSIONER COOPERATION AND REGISTRAR COOPERATIVE SOCITIES THROUGH COMMISSIONER VINDHYACHAL BUILDING (MADHYA PRADESH)

3. OFFICE OF JOINT REGISTRAR COOPERATIVE SOCIETIES DIVISION SAGAR OFFICE OF JOINT REGISTRAR SAGAR (MADHYA PRADESH)

4. ASSISTANT REGISTRAR COOPERATIVE SOCIETIES OFFICE OF ASSISTANT REGISTRAR DAMOH (MADHYA PRADESH)

.....RESPONDENTS ( SHRI LALIT JOGLEKAR, LEARNED GOVERNMENT ADVOCATE FOR THE RESPONDENTS/STATE )

WRIT PETITION No. 9083 of 2020 Between:-

RAJENDRA SINGH BHADAURIYA S/O LATE SHRI AMIR SINGH , AGED ABOUT 69 W.P. No.7496/2020 & Connected Matters

YEARS, OCCUPATION: AGRICULTURIST R/O. AMAR NIKUNJ ARJUN NAGAR KARUNDIYA NORTH (MADHYA PRADESH)

.....PETITIONER (MS. POOJA GUPTA, LEARNED COUSNEL FOR THE PETITIONER ) AND

1. THE STATE OF MADHYA PRADESH THR SECRETARY DEPT. OF COOPERATIVE VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

2. JOINT REGISTRAR COOPERATIVE SOCIETIES VINDHYACHAL BHAWAN BHOPAL (MADHYA PRADESH)

3. DEPUTY REGISTRAR COOPERATIVE SOCIETIES MP AND ADMINISTRATOR DISTT.COOPERATIVE CENTRAL BANK MYDT.SIDHI (MADHYA PRADESH)

.....RESPONDENTS (SHRI LALIT JOGLEKAR, LEARNED GOVERNMENT ADVOCATE FOR THE RESPONDENTS/STATE)

WRIT PETITION No. 10570 of 2020 Between:-

RAMASHANKAR SINGH PATEL S/O RAM LAKHAN SINGH , AGED ABOUT 48 YEARS, OCCUPATION: FARMER R/O PUSHPRAJ NAGAR (MADHYA PRADESH)

.....PETITIONER (SHRI ROHIT SOHGAURA, LEARNED COUNSEL FOR THE PETITIONER ) AND

1. THE STATE OF MADHYA PRADESH THROUGH ITS SECRETARY COOPERATIVE DEPARTMENT VLLABH BHAWAN,DISTT.BHOPAL M.P. (MADHYA PRADESH) W.P. No.7496/2020 & Connected Matters

2. COMMISSIONER COOPERATIVE AND REGISTRAR COOPERATIVE SOCIETIES DISTT-BHOPAL (MADHYA PRADESH)

3. JOINT REGISTRAR COOPERATIVE SOCIETIES REWA DIVISION (MADHYA PRADESH)

4. DEPUTY REGISTRAR COOPERATIVE AND DEPUTY REGISTRAR COOPERATIVE SOCIETIES REWA AND ADMINISTRATOR DISTRICT COOPERATIVE CENTRAL BANK MARYADIT (MADHYA PRADESH)

.....RESPONDENTS (SHRI LALIT JOGLEKAR, LEARNED GOVERNMENT ADVOCATE FOR THE RESPONDENTS/STATE)

These petitions coming on for admission this day, the court

passed the following:

ORDER Heard finally with the consent of both the parties.

This common order shall govern the disposal of the aforesaid

eighteen cases, as the same having been arisen out of common issue.

2. For the purpose of convenience, the facts of W.P. No.7496/2020

are being taken into consideration.

3. In this petition under Article 226 of the Constitution of India the

petitioner has assailed the legality, validity and propriety of the order

dt.25.03.2020 (Annexure P/4) passed by respondent No.3- Joint

Registrar, Cooperative Societies, Division Jabalpur, District Jabalpur

(M.P.), whereby the earlier order dt.17.03.2020, vide which the W.P. No.7496/2020 & Connected Matters

petitioner was appointed as Administrator of District Cooperative

Central Bank Maryadit, Jabalpur, has been amended and Joint

Registrar, Cooperative Societies, Jabalpur Division, Jabalpur has been

appointed as Administrator in place of the petitioner.

4. Brief facts leading to filing of this case are that the petitioner is

a business man and a permanent resident of 159 Village Amoda,

Tahsil Majholi, Post Khand, Jabalpur (M.P.). The Board of Directors

of the District Cooperative Central Bank Ltd. Jabalpur was superseded

and the Joint Commissioner, Cooperative Societies, Jabalpur Division,

Jabalpur was appointed as Administrator. Thereafter, the State

Government took a decision to appoint the petitioner as Administrator

in the Bank. In compliance, Joint Registrar, Cooperative Societies

M.P. passed an order dt.17.03.2020 and the petitioner was appointed

as Administrator. The petitioner assumed the charge and to his

surprise within eight days from the date of assumption of charge, the

impugned order dt.25.03.2020 has been issued cancelling the

appointment of the petitioner and in his place Joint Registrar,

Cooperative Societies, District Jabalpur has been appointed as

Administrator.

5. Learned counsel for the petitioner contended that the impugned

order dt.25.03.2020 is contrary to the basic principle of natural justice

and has been passed in violation of Article 14 of the Constitution of

India. No opportunity of hearing has been provided to the petitioner

before passing the impugned order. The impugned order is without W.P. No.7496/2020 & Connected Matters

any reason, therefore, the same is contrary to the law as Laid down by

the Apex Court in the case of M/s Kranti Associates Pvt. Ltd. and

another Vs. Masood Ahmed Khan and others reported in (2010) 9

SCC 496. The impugned order entails the civil consequences,

therefore, without opportunity of hearing the appointment of the

petitioner on the post of Administrator could not have been cancelled.

Learned counsel has relied on the judgment of the Apex Court in the

case of Shekhar Ghosh Vs. Union of India and another as reported

in (2007) 1 SCC 331 to contend that where passing of the impugned

order entails civil consequences, the principle of natural justice is

required to be followed.

6. Learned counsel for the petitioner further contended that the

order impugned is contrary and the same has been passed without

following the guidelines issued in the case of State of Madhya

Pradesh Vs. Sanjay Nagayach and others as reported in (2013) 7

SCC 25.

7. On the other hand, learned Government Advocate submitted

that no wrong has been committed by the respondents in passing the

impugned order. It is also contended that no legal right accrues to the

petitioner, inasmuch as he is a member of the cooperative society and

not an employee. Section 49-C (2) of the Madhya Pradesh Co-

operative Societies Act 1960 (hereinafter shall be referred to as the

'Act of 1960') provides that "the State Government may modify or

cancel any directions issued under sub-section (1), and in modifying W.P. No.7496/2020 & Connected Matters

or canceling such directions may impose such conditions as it may

deem fit." Such situation arose since the Board of Directors of the

Society was superseded. According to Section 53 (1) (c) of the Act of

1960, the Registrar may, by order in writing, remove the Board of

Directors and appoint a person or persons to manage the affairs of the

society for a period of two years in the first instance. In view of the

above, the petitioner has no locus to prefer this petition under Article

226 of the constitution of India. No right, much less legal right of the

petitioner has been infringed or curtailed by appointment of Joint

Registrar, Cooperative Societies, District Jabalpur as Administrator of

the Bank.

8. Learned Government Advocate further submitted that so far as

reliance placed by the petitioner in the case of Sanjay Nagayach

(supra), the same is not applicable in the facts and circumstances of

the present case since the case relates to supersession of an elected

Managing Committee/Board, whereas in the present case, the

Administrator has been removed. The present matter is not related

with supersession, suspension or removal of Board of Directors,

whereas the same is related with the appointment of Administrator,

therefore, on facts, the judgment of the Apex Court in the case of

Sanjay Nagayach (supra) is distinguishable and cannot be made

applicable to the facts and circumstances of this case. In view of the

aforesaid, he submitted that no right is accrued to the petitioner to

claim appointment or continuation as Administrator. The same is W.P. No.7496/2020 & Connected Matters

discretion of the prescribed authorities to appoint Administrator as per

needs of administrative exigency.

9. Having heard learned counsel for the parties, this Court finds

force in the objection raised by learned Government Advocate for the

respondents/State. Accordingly, the petition fails and is hereby

dismissed.

No order as to costs.

(S. A. DHARMADHIKARI) JUDGE Shanu Digitally signed by SHANU RAIKWAR Date: 2022.04.12 17:08:33 +05'30'