RAJ KUMAR ARYA Vs. JOINT REGISTRAR COOPERATIVE SOCIETY

JUDGEMENT

(1.) As a very short controversy, which is settled by a judgment rendered by this Court, is involved in the matter the case is being disposed of at this stage.

(2.) Petitioner was elected as President of respondent No.2 society and certain proceedings were initiated under Section 49 (7-A) of the M.P. Cooperative Societies Act, 1960. The Board of Directors of the society in question headed by the petitioner was superceded and the matter travelled to the M.P. State Cooperative Tribunal, wherein the tribunal has considered various aspects of the matter and vide order Annexure P-4 dated 28.6.2013 allowed the revision petition filed by the petitioner, held his supersession to be illegal and set aside the supersession. However, after having so held on the ground that during the pendency of supersession a new body is being elected, no relief with regard to reinstatement has been granted.

(3.) Shri Siddharth Gulati, learned counsel for the petitioner raised a singular point in support of his contention to say that once the order of supersession is set aside, a body which is superseded is entitled to be reinstated for the period when the Raj Kumar Arya Vs. Joint Registrar Cooperative Society & Another body is prevented from functioning and discharging its duties. Reinstatement of a superseded body is required to be done and the superseded body permitted to function for the remaining period of its elected tenure which the body was prevented from functioning due to the order of supersession.