BOARD OF DIRECTORS Vs. REGISTRAR CO OPERATIVE SOCIETIES

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been preferred by the Petitioners against the order dated 28.02.2009 passed by the Madhya Pradesh State Cooperative Tribunal, Bhopal in Second Appeal No. 221/2007 (Suppl).

(2.) Short facts relevant for the purpose of this petition are that the Directors of Manasa Vipnan Sahakari Samiti Maryadit were elected in the year 2001 for a period of five years and the Board of Directors was accordingly constituted. On 31.03.2005, an order (Annexure P/1) was passed by the Assistant Registrar, Cooperative Societies, District Neemuch under Section 53 (13) of the Madhya Pradesh Cooperative Societies Act, 1960 (hereinafter referred to as the Act) superseding thereby the Board of Directors. Operation of the said order was ultimately stayed by this Court in Writ Petition No. 881/2005 on 13.05.2005. The Madhya Pradesh State Cooperative Tribunal started functioning, therefore, Writ Petition No. 881/2005 was withdrawn with liberty to pursue the remedy before the Tribunal. Revision preferred before it was dismissed on 05.09.2005, which was again challenged before this Court in Writ Petition No. 3798/2005 wherein the operation of Annexure P/1 was again stayed on 06.01.2006. During the pendency of Writ Petition No. 3798/2005, order of suspension of the Board of Directors was again issued in exercise of powers under Sections 53 (10) of the Act on 28.12.2006 vide Annexure P/6. Final order was passed superseding the society under 53 (1) of the Act on 08.01.2007 vide Annexure P/7. An appeal was preferred against it before the Joint Registrar, who did not grant stay order. Consequently, Writ Petition No. 3036/2007 and Writ Petition No. 3039/2007 were preferred before this Court. This Court directed that the Petitioners shall continue to function and both the writ petitions were decided by common order dated 02.08.2007, in terms of the following agreed submissions:

(3.) Petitioners, thereafter, submitted an application under Order 6 Rule 17 Code of Code of Civil Procedure to incorporate certain amendment in the memo of appeal No. 78/359/07, which was pending before the Registrar, Cooperative Societies, Bhopal. This application was rejected by order dated 21.09.2007 vide Annexure P/12. The appeal was also dismissed on 08.10.2007. Second Appeal No. 221/2007 was ultimately decided on 14.08.2008 vide Annexure P/17, removing thereby disqualification imposed on the Appellant to contest election for a period of seven years under Section 53 (12) of the Act. This Court in Writ Petition No. 5313/2008 set aside the order contained in Annexure P/1 and the Tribunal was directed to reconsider the matter and to give finding over the charge in accordance with law as well as to take into consideration the agreement between the parties in the earlier litigation.