LAWS(MPH)-2023-8-155

DEVISINGH Vs. NAGIN

Decided On August 29, 2023
DEVISINGH Appellant
V/S
Nagin Respondents

JUDGEMENT

(1.) Heard finally, with the consent of the parties.

(2.) This petition has been filed by the petitioner under Article 227 of the Constitution of India against the order dtd. 27/8/2023, passed by the M.P. State Cooperative Tribunal, Bhopal whereby, in a revision preferred by the respondent No.1, the order passed by the Joint Registrar dtd. 17/7/2023, has been stayed.

(3.) In brief, the facts of the case are that the petitioner was posted as In-charge Manager of the Society Adim Jati Seva Sahkari Samiti Maryadit, Devjhiri, Jhabua (in short 'the Society'), and on 15/7/2023, a resolution was passed by the Society that in place of the petitioner who was posted as In-charge Manager, the respondent No.1 shall take the charge, and subsequently a separate order to this effect was also passed on 15/7/2023 itself. These orders were challenged by the petitioner in a revision before the Joint Registrar, Cooperative Society, Indore, who, under Sec. 80-A of the M.P. Co-operative Societies Act, 1960 (in short 'Societies Act, 1960') vide its order dtd. 17/7/2023, has stayed the order dtd. 15/7/2023 passed by the Society. Against the aforesaid order, a revision was preferred by the respondent No.1 under Sec. 77 (14) of the Societies Act, 1960 before the Co-operative Tribunal, and in the aforesaid revision the impugned order dtd. 27/8/2023 has been passed, whereby the order passed by the Joint Registrar has been stayed for want of jurisdiction.