PRAKASH AJWANI Vs. REGISTRAR COOPERATIVE SOCIETIES

JUDGEMENT

(1.) PETITIONER in this revision petition is assailing the impugned order dated 9.4.2001 passed by the Registrar, Cooperative Societies, Chhattisgarh, Raipur under the following facts and circumstances :

(2.) PETITIONER is a representative of Bharatiya Phal-phul Udpatak Avam Vipanan Sahakari Samiti, Mahasamud. As a result of coming into force of "The Madhya Pradesh Sahakari Society (Punargathan Aur Nirman) Adhiniyam, 2000, for short hereinafter called as Adhiniyam, w.e.f. 1.11.2000, the erst-while, ahe Madhya Predesh Rajya Sahakari Vipanan Sangh Mydt., Bhopal was also bifurcated w.e.f. 1.11.2000 and the area comprising in Chhattisgarh has been excluded from the area of operation from the existing the Madhya Pradesh Rajya Sahakari Vipanan Sangh Mydt., Bhopal. Consequently New State Cooperative Marketing Federation Ltd., Chhattisgarh has come into existence w.e.f. 1.11.2000. In this bifurcation in all 18 posts of directors were transferred to Chhattisgarh Federation, out of which 9 posts were vacant. Non-Applicant No. 1, therefore, appointed election officer to conduct election by cooption to fill up nine vacant post of directors by order Annexure 2. Election officer started election proceedings. Thereafter all of a sudden the NA No. 1 issued his impugned order dated 9.4.2001 and thereby he has nominated NA No. 3 to 11 as nominated director on the Board of Directors of NA No. 2 society. This order of the learned Registrar is illegal and contrary to the provisions of the M.P. Cooperative Societies Act, for short hereinafter referred to as Act. Learned Registrar in purported exercise of his powers conferred under section 3 of Adhiniyam, has issued his impugned order. But these powers can be exercised by him in accordance with provisions of the Act. There is no provision under the Act empowering the Registrar to nominate director on the Board of Directors. It is only the State Government, who is empowered under section 52 of the Act for such nomination. The impugned order is without jurisdiction. Learned counsel for NA No. 1 and 8 has filed written reply and submitted that during the process of election by cooption there was no quorum and due to lack of quorum, the committee failed to elect the directors by cooption and therefore, in exercise of his powers under section 3 of the Adhiniyam, the Registrar has nominated 9 Directors for which he was legally empowered and competent.

(3.) TO appreciate the rival contentions of the parties, first of all it has to be mentioned that under section 52(B) of the Act, the Registrar is only empowered to nominate women members on the committee, if the committee fails to elect them by cooption. Thus, this provision is not applicable to the present problem, as was contented by the non-applicant. In this behalf it will be useful here to refer the provision of Adhiniyam. This Adhiniyam has been enacted with view to re-constitute the existing Shite ( Coperative Societies in the State of Madhya Pradesh by excluding from their area of operation the territory of the State and to form new societies for the part of the territory so excluded. Section 3 of Adhiniyam makes provisions for re-constitution of the existing societies of the State Cooperative Societies and formation of new societies. Sub-section (3) of section J provides as under :