RAM Vs. STATE OF M P

JUDGEMENT

(1.) HEARD . The petitioner has filed this petition against the order dated 16th September, 2009 (Annexure P -1) and the show -cause notice dated 23 -09 -2009 ( Annexure P -2).

(2.) THE petitioner No.1 is President of the Society and the petitioner No.2 is the Society named as "Adarsh Bunkar Cooperative Society Maryadit, Ambah"registered under the provisions of M. P. Co - operative Societies Act, 1960 [hereinafter referred to as ''the Co -operative Societies Act'']. There were some complaints against the Society. Hence, Sub -Divisional Officer (Revenue) conducted an enquiry. In the aforesaid enquiry, he found that all the three Co - operative Societies were working on papers and they have not done work as mentioned in the Memorandum of Association, neither any worker was working in the Society and in order to receive Government grant, the Societies were registered. On the basis of the enquiry, the Collector vide order dated 16th September, 2009 (Annexure P -1) directed the Deputy Registrar, Cooperative Society to cancel the registration of the Society. Thereafter, a show -cause notice Annexure P -2 was issued to the Society under Section 69(3) of the Co -operative Societies Act, mentioning the fact that an order of liquidation be passed against the Society.

(3.) UNDER the provisions of the Co -operative Societies Act, the Registrar or its designated authorities have power to take action against the Co -operative Society. In such circumstances, I am in agreement with the arguments advanced by learned counsel for the petitioners that the Collector has no power to direct the Registrar to cancel the registration of the Society.