Kalyan Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 8745 MP

                                                     1
                          IN    THE       HIGH COURT OF MADHYA PRADESH
                                                AT INDORE
                                                  BEFORE
                                      HON'BLE SHRI JUSTICE VIVEK RUSIA
                                            ON THE 14 th OF JUNE, 2023
                                          WRIT PETITION No. 14928 of 2022

                         BETWEEN:-
                         KALYAN SINGH S/O SHRI BAPUSINGH, AGED ABOUT 50
                         YEARS, OCCUPATION: AGRICULTURIST GRAM KADIYA,
                         TEHSIL AGAR (MADHYA PRADESH)

                                                                            .....PETITIONER
                         (BY SHRI PUSHPRAJ SINGH RATHORE-ADVOCATE)

                         AND
                         1.    THE STATE OF MADHYA PRADESH THROUGH
                               MUKHYA SACHIV BHOPAL (MADHYA PRADESH)

                         2.    SANYUKT   AYUKT  SAHKARITA   VIBHAG
                               VINDHYACHAL BHAWAN, BHOPAL (MADHYA
                               PRADESH)

                         3.    UPAYUKT       SAHKARITA AGAR    (MADHYA
                               PRADESH)

                         4.    PRATHMIK KRISHI SAHKARI SAKH SAMITI
                               MARYADIT THROUGH PRABANDHAK SUSNER
                               (MADHYA PRADESH)

                         5.    SUJAN SINGH S/O SHRI CHANDAR SINGH, AGED
                               ABOUT    37   YEARS, OCCUPATION: SERVICE
                               JAMUNIYA (MADHYA PRADESH)

                         6.    HEMRAJ S/O NARAYANSINGH YADAV, AGED
                               ABOUT 40 YEARS, OCCUPATION: SERVICE GRAM
                               GURADIYA (MADHYA PRADESH)

                         7.    PREMSINGH S/O RAMLAL, AGED ABOUT 32
                               YEAR S, OCCUPATION: SERVICE GRAM KAYRA
                               (MADHYA PRADESH)

                                                                          .....RESPONDENTS

Signature Not Verified
Signed by: PRAVEEN
Signing time: 14-06-
2023 18:13:12
                                                                 2

                                   T h is petition coming on for orders this day, t h e cou rt passed the
                         following:
                                                                  ORDER

(1) Petitioner has filed the present petition challenging the resolution dated 12.01.2022 passed by Managing Board of Prathmik Krishi Sahkari Sakh Samiti Maryadit, Jamuniya, Tehsil Susner whereby decision has been taken to take back the respondent No.5, 6 and 7 into the services.

(2) Learned counsel for the petitioner submits that vide order dated 11.01.2022, M.P. State Cooperative Tribunal has only directed to maintain the ''status quo'' but Board of Directors has passed a resolution to take them back

into the services, therefore, resolution is liable to be set aside.

(3) The petitioner is not a party in the revision pending before M.P. State Cooperative Tribunal. The petitioner is claiming himself to be shareholder of the Samiti. According to the petitioner the respondent No.5, 6 and 7 have been convicted by the Sessions Court vide judgment dated 30.06.2021 for committing the fraud in the society, thus they are not entitled to take back into the services.

(4) M.P. State Cooperative Tribunal may examine this issue on an application filed by the petitioner at the time of final hearing of pending revision.

With the aforesaid, Writ Petition is disposed of.

(VIVEK RUSIA) JUDGE Praveen

Signature Not Verified Signed by: PRAVEEN Signing time: 14-06-

2023 18:13:12