BRIJLAL MESHRAM Vs. RUKMANI BAI

JUDGEMENT

(1.) With the consent of the learned counsel for the parties since pleadings are complete therefore petition is finally heard.

(2.) This petition is under Article 227 of the Constitution of India questioning the legality, validity and propriety of order dtd. 19/4/2022 (Annexure P/4) passed by M.P. State Co-operative Tribunal whereby the Tribunal set aside the order passed by the Joint Registrar Cooperative Society dtd. 30/9/2021 and approved the proposed punishment mentioned in the show-cause notice issued to the petitioners on 18/8/2021.

(3.) Shri Lala learned counsel appearing for the petitioners submits that a complaint was made before the Joint Registrar by some of the members of a Society i.e. Milan Machhua Sahakari Samiti, Mydt. Tekadi, Distt. Balaghat alleging that the petitioners have taken some loan for the society but that has not been repaid by them, therefore, they are not eligible to be continued as a member of the society and as such they should be expelled from the membership of the society and on their complaint an enquiry was conducted and a report was submitted before the Joint Registrar. In the enquiry report, it was mentioned that the loan has been taken by the members of the society and they were under obligation to repay the same but since they did not repay the same, therefore, they are not eligible to be continued as member of the society. The Joint Registrar after considering the enquiry report has passed an order on 30/9/2021 observing therein that the loan amount was taken by the petitioners not for the society but for their personal gains and, therefore, a show cause under the provisions of Sec. 19(C) M.P. Co-operative Society, 1960 was issued asking them as to why their membership from the society should not be terminated was held to be invalid and was quashed by Joint Registrar. He submits that the Tribunal although set aside the order of Joint Registrar reiterating the facts involved in the case but no reason was assigned as to why the finding given by the Joint Registrar was not sustainable and deserves to be set aside.