SASTISH UPADHAYA Vs. STATE OF M P

JUDGEMENT

(1.) By the Court. Both the writ petitions arise from a common foundation and pertain to the grievance of the petitioner at two different stages and, therefore, they were heard analogously and the disposed of by this common order. At the outset it is apposite to mention that I will state the facts in W.P. No. 1448/2000 and, thereafter, the necessary facts in other writ petition shall be adumbrated so that the grievance of the petitioner at different counts comes to the forefront and there is proper delineation in that regard.

(2.) By this writ petition preferred under Article 227 of the Constitution of India the petitioner has called in question the defensibility of the order dated 1.10.1999. Annexure P-18, passed by the Managing Director and order dated 1.10,1999. Annexure P- 19, the letter/intimation sent by the respondent No. 9 and for quashing of resolution dated 29.9.1999, Annexure P-20, and the order dated 22.1,2000 passed by the M.P. State Co-operative Tribunal, Annexure P-22,

(3.) The facts as have been unfurled are that the petitioner was elected as the Chairman of the Madhya Pradesh Rajya Hathkargha Bunkar Sahakari Samiti Maryadit, Jabalpur (hereinafter referred to as "the Society"). The Registrar on 20.1.1999 issued a show-cause notice to the petitioner and to the Managing Director of the Society under Section 53-B of the Madhya Pradesh Co-operative Societies Act, 1960 (hereinafter referred to as 'the Act') directing therein to the Society to remove the petitioner from the office of the Chairman and disqualify him from holding the said post for a period of three years. On receipt of the said order the Managing Director Issued similar show-cause notice to the petitioner. A show-cause notice was also issued by the Registrar to the petitioner. As it appears, subsequently, the Registrar by order dated 19.2.1999 cancelled the show-cause notice. The Board of Revenue as per order dated 22.3.1999 contained in Annexure P~6 passed In Revision No. 185-Panch/1999 filed by the petitioner held that the allegations and the report of one Mr. Bhatti had been cancelled. Thereafter, the Registrar issued a letter dated 16.4.1999 on the basis of same show-cause notice which was withdrawn by him. This letter was assailed in Writ Petition No. 1897/1999. This Court dismissed the said writ petition. Feeling aggrieved the petitioner preferred a Letters Patent Appeal No. 214/1999 and this Court while dismissing the said appeal directed the Registrar to convene a fresh meeting which would be presided over by him or an officer not less than the rank of Joint Registrar to be nominated by him. The petitioner assailed the said order in Special Leave Petition before the Apex Court and the Apex Court while dismissing the SLP observed that the Committee when it would meet for considering the question of removing the petitioner, should decide the matter independently uninfluenced by any observations made by the Additional Registrar in his order dated 16.4.1999. It is pleaded after the said order of the Apex Court the respondents continued to proceed against the petitioner under Section 53-B(l) of the Act to remove him from his office. An intimation was issued on 1.9.1999 for holding a meeting on 9.9.1999. Agenda of the meeting has been brought on record as Annexure P-12. The said agenda was for removing the petitioner from the post of Chairman and to debar him for three years from holding office. A copy of the minutes of the meeting have been brought on record as Annexure P- 13. It is putforth that in the said meeting certain ineligible persons were permitted to take part and in the said meeting the Commission of Hath Kargha authorised his nominee to attend the meeting. It is setforth that such nominations and their participation in the proceedings are per se illegal. It is also setforth that the Commissioner of Hath Kargha issued a letter dated 27.9.1999 nominating Shri Mahesh Gulati and Shri V.B. Dhakata, the respondents Nos. 6 and 7, respectively herein as nominees to take part in the meeting of the Society which was scheduled to be held on 29.9.1999 at Bhopal. The State of Madhya Pradesh, Gramodyog Vibhag also issued a letter dated 25.9.1999 to this effect. The Commissioner, Hath Kargha also issued a letter authorising Shri P. Sharma, Deputy Director to take part in the meeting.