LAXMAN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Challenging the order-dated 10.4.2013 - Annexure P/1 passed by the Deputy Registrar, Cooperative Society, Chhatarpur removing the petitioner from the office of President, Seva Sahkari Samiti Maryadit Sunwahara, Tehsil Bijawar, District Chhatarpur, petitioner has filed this writ petition. It is the case of the petitioner that he is elected President of the said Samiti, he was duly elected in the elections held on 10.1.2013, and now respondent No. 4, a candidate who had contested the election alongwith the petitioner and had lost, filed a complaint and on the complaint without hearing the petitioner the impugned action is taken.

(2.) The impugned action is challenged on two grounds. The first ground is that by an executive and administrative order petitioner cannot be removed from the office to which he has been elected and if respondent No. 4 had any grievance with regard to the election, he should file an election petition and it is only the Election Tribunal which can declare the election as illegal and direct for removal of the petitioner from the elected post. The second ground canvassed is that the impugned order has been passed without hearing the petitioner, without granting him any opportunity and in violation of the principles of natural justice. Accordingly on both these grounds, challenge is made to the impugned action.

(3.) Shri Sanjeev Kumar Singh, learned Panel Lawyer, invites my attention to the provisions of section 48-A(5) of the MP Cooperative Societies Act, 1960 (hereinafter referred to as 'Act'), and submits that in view of the prohibition contained in the aforesaid clause and the fact that the petitioner has continued in office for a period of more than 11 years, now he cannot continue in the office. It is stated that the action taken is proper and the same does not call for any interference.