RATAN SINGH Vs. DY REGISTRAR

JUDGEMENT

(1.) APPELLANTS have filed this second appeal under the following circumstances.

(2.) ALL the appellants are members of the executive committee of the respondent no. 2 Society, who were elected as directors in the year 1999. Respondent no. 2 entered into an agreement with M.P. State Cooperative Marketing Federation Ltd. for procurement of soyabean on support price. A complaint was made to the Collector about the alleged illegality committed in purchase of soyabean. Matter was enquired into by the Addl. Collector, Jambuwa, and on the basis of his report, the Manager of the respondent no. 2 Society was arrested by Police and a charge sheet was filed against him in the criminal Court. It appears that on the basis of enquiry report of Addl. Collector, Jambuwa, respondent no. 1 issued a show cause notice to all the appellants under section 53 (2) of the M.P. Cooperative Societies Act, for short hereinafter referred to as 'Act', on 14.3.2000. Appellants filed reply. Along with show cause notice, copy of enquiry report was not sent. On receipt of reply, without affording an opportunity of hearing to the appellants, the learned Dy. Registrar passed his impugned order on 5.4.2000 thereby superseding the committee of the Society for one year.

(3.) AGAINST this order of the Joint Registrar, the appellants have ' preferred this second appeal on the ground that when the Joint Registrar has found the action of the Dy. Registrar to be illegal, this matter should not have been remanded back to him and instead the Joint Registrar should have set aside the order of Dy.Registrar.