RAM DUTT KAUSHIK Vs. STATE OF M P

JUDGEMENT

(1.) The petitioner in this writ petition is the Chairman of Chhatarpur District Wholesale Consumers Co-operative Society Ltd. The aforesaid society is a registered co-operative society to which the provisions of the M. P. Co-operative Societies Act and Rules are applicable. The last part of the order purported to have been passed under Section 53 (10) of the M. P. Co-operative Societies Act, 1960 (hereinafter referred to as the Act) by the Assistant Registrar, Co-operative Societies, Chhatarpur, dated 21-1-1991, has been challenged as being not only illegal, but in excess of jurisdiction.

(2.) The impugned order is the last portion of the so called notice issued by the Assistant Registrar and is contained in Annexure 'A' to the writ petition. It is worthwhile mentioning here that although Annexure 'A' is in the form of a notice for removal (or supersession) of, the Committee pursuant to the provisions of Section 53 (2) of the Act, yet in effect, it is Composite in nature. The first part of Annexure 'A' has been rightly described as a notice under Section 53 (2) of the Act as aforementioned, but the last portion of the so called notice is a substantive final order purported to have been passed under Section S3 (1) of the Act.

(3.) Section 53 (1) of the Act lays down that the Registrar may, by order in writing, remove the Committee of any society amenable to the provisions of the Act and appoint a person or persons to manage the affairs of the society for a specified period not exceeding two years in the first instance.