Madhya Pradesh High Court
Hari Ram Pandey vs The State Of Madhya Pradesh on 12 October, 2023
Author: Chief Justice
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAVI MALIMATH,
CHIEF JUSTICE
&
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 12 th OF OCTOBER, 2023
WRIT PETITION No. 12571 of 2022
BETWEEN:-
HARI RAM PANDEY S/O SHRI S.K. PANDEY, AGED
ABOUT 40 YEARS, OCCUPATION: SOCIETY MANAGER/
SAMITI PRABANADHAK SAVA SAHAKARI SAMITI
MARYADIT SHIVRAJPUR BLOCK NAGOD, DISTRICT
SATNA (MADHYA PRADESH)
.....PETITIONER
(BY SHRI SATYA PRAKASH MISHRA - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
THE SECRETARY, FOOD CIVIL SUPPLIES AND
CONSUMER PROTECTION DEPARTMENT,
VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)
2. THE COMMISSIONER/DIRECTOR, FOOD CIVIL
SUPPLIES, GOVT. OF MP, VALLABH BHAWAN,
BHOPAL (MADHYA PRADESH)
3. COLLECTOR (FOOD) S ATN A, DISTRICT SATNA
(MADHYA PRADESH)
4. DEPUTY REGISTRAR COOPERATIVE SOCIETY,
SATNA (MADHYA PRADESH)
5. SUB DIVISIONAL OFFICER, TEHSIL NAGOD,
DISTRICT SATNA (MADHYA PRADESH)
6. SHRI ASHWANI KUMAR SINGH, UP
ANKESHAK/ADM INISTRATOR, SEVA SAHKARI
SAMITI MARYADIT SHIVRAJPUR, BLOCK NAGOD,
Signature Not Verified
Signed by: CHRISTOPHER
PHILIP
Signing time: 10/13/2023
1:19:38 PM
2
DISTRICT SATNA (MADHYA PRADESH)
7. CHAIRMAN, SEVA SAHKARI SAMITI MARYADIT
SHIVRAJPUR, BLOCK NAGOD, DISTRICT SATNA
(MADHYA PRADESH)
.....RESPONDENTS
(SHRI SUYASH THAKUR - GOVERNMENT ADVOCATE FOR
RESPONDENTS NO.1 TO 5 AND SHRI VINOD KUMAR DUBEY - ADVOCATE
FOR INTERVENER)
This petition coming on for admission this day, Hon'ble Shri Justice
Ravi Malimath, Chief Justice passed the following:
ORDER
This petition has been filed being aggrieved by the order dated 20.05.2022
(Annexure P/4) passed by the respondent No.6 whereby the petitioner has been
suspended from the post of Samiti Prabandhak, Seva Sahakari Samiti Maryadit,
Shivrajpur, Block Nagod, District Satna and the order dated 30.05.2022
(Annexure P/5) passed by the respondent No.4 directing to lodge an FIR
against the petitioner.
2. The case of the petitioner is that he has been placed under suspension by
the respondent No.6. The same is challenged in the writ petition on various
grounds. One of the contentions being advanced by the learned counsel for the
petitioner is that the administrator who was appointed to take charge of the
affairs of the society did not have authority to pass any order as it is beyond his
jurisdiction. However, the learned Single Judge of this Court in Writ Petition
No.9646 of 2022 (Rajendra Patel Vs. State of M.P. and others) decided on
29.04.2022 has already taken a view to the effect that the administrator is
entitled to exercise all powers as that of the Board of Directors in terms of
Section 53(3) of the Madhya Pradesh Cooperative Societies Act, 1960, which
reads as follows:-
Signature Not Verified
Signed by: CHRISTOPHER
PHILIP
Signing time: 10/13/2023
1:19:38 PM
"53. Supersession of Board of Directors:-
.... ..... .....
(3) The administrator so appointed, shall subject to the control
of the Registrar and to such instructions as he may, from time to
time, give, have power to exercise all or any of the powers and to
discharge all or any of the functions of the Board of Directors or of
any officer of the society and to take all such actions, as may be
required in the interest of the society."
3. Therefore, it is the administrator who have all powers that are vested in the
Board of Directors subject to control of the Registrar. Under these
circumstances, that question has already attained finality in view of the judgment
of the learned Single Judge dated 29.04.2022 passed in Writ Petition No.9694
of 2022.
4. So far as the impugned order of suspension is concerned, it is admitted
that there is an appeal provided against the order of suspension in terms of
Section 78 of the Madhya Pradesh Cooperative Societies Act, 1960. Therefore,
in view of the availability of an alternative efficacious remedy, it would not be
appropriate for this Court to interfere in the order of suspension. However,
liberty is granted to the petitioner to file the appeal within a period of four weeks
from today. If the appeal is filed, the same to be decided as expeditiously as
possible.
5. The writ petition is accordingly disposed off.
6. Pending interlocutory applications are disposed off accordingly.
(RAVI MALIMATH) (VISHAL MISHRA)
CHIEF JUSTICE JUDGE
C
Signature Not Verified
Signed by: CHRISTOPHER
PHILIP
Signing time: 10/13/2023
1:19:38 PM
