MALHARRAO Vs. MANAGING COMMITTEE

JUDGEMENT

(1.) By the Court.-It is not necessary for this Court to delve into the factual background of the matter because the point of issue involved in this Writ under Article 227 of Constitution of India is an abstract question of law relating to the jurisdiction of the Tribunal in entertaining a Revision under Section 77, sub-section 14 of the M.P. cooperative Societies Act (for short "Act") filed by respondent No. 1. The question arises on following few facts.

(2.) Proceedings under Section 53 (1) of the M.P. Co-operative Societies Act were initiated against the respondent No. 1 which happened to be a Managing Committee of one Co-operative Society by name Sahakari Samarth Mandal Maryadit Indore by the Registrar. This eventually resulted in passing an adverse order against the Managing Committee which was dissolved and a person was appointed to manage the affairs of the Society by an order dated 20.4.2001 passed by Assistant Registrar under Section 53 (l)-ibid. It is this order which was impugned by the respondent No. 1 by filing a revision before the Tribunal under Section 77 (14) ibid. It is this revision which was allowed by the Tribunal by impugned order dated 28.1.2002 (Annexure P. 8) giving rise to file a Writ under Article 227 of the Constitution of India by the petitioner.

(3.) Heard Shri sonwane, L.C. for petitioners and Shri Nimgaonkar. L.C. for respondents.