COLLECTIVE FARMING SOCIETY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS case was referred to this Full Bench for two reasons: (1) The vires of section 91 of the M. P. Co-operative Societies Act, 1961, was in doubt, and (2) the correctness of the decision of a Division Bench of this Court in Premnarain v. Shilpakar Sahakari Mazdoor Sangh Ltd. 1971 Jab LJ 924, was in doubt.

(2.) THIS petition under Article 226 of the Constitution is to quash certain orders passed by the State Government effecting supersession or continuation of supersession of the Committee of petitioner No. 1 Collective Farming Society, Ltd,. Lilakheri (hereinater called the petitioner-society) and to direct the respondents by a writ of mandamus to handover charge of the society to the petitioners Nos. 2, 3 and 4, who claim to be duly elected President. Secretary and Treasurer of the petitioner-society.

(3.) FACTS material for the questions, which have been raised before us may be briefly stated thus: (i) The petitioner-society is a registered co-operative society of cultivators of village Lilakheri, tahsil and district, Sihore, and is registered under the provisions of the M. P. Co-operative Societies Act, 1961 (hereinafter called the Act ). It has a committee to manage the affairs of the society. Some land was given to it by the State government under the provisions of Section 162 of the M. P. Land revenue Code. The Registrar, Co-operative Societies, in exercise of his powers under Section 53 (1) of the Act, and after issuing a show cause notice under Sub-section (2), ordered removal of the committee and appointed Shri N. K. Shrimal to manage the affairs of the society for a period of one year. (ii) Before us, challenge to that order of supersession was expressly given up by the learned counsel for the petitioners. (iii) By order dated November 20, 1968, the Assistant Registrar extended the period of supersession by another year with effect from november 9, 1968. It is not contended before us that the Assistant registrar had no power. (iv) By order dated February 11. 1970 the Assistant Registrar further extended the period of supersession upto October 31, 1970, and appointed Kendriya Sahakari Adhikosh Maryadit, Bhopal, to manage the affairs of the society. (v) On May 28, 1970, the aforesaid Bank appointed Shri R. N. Tripathi as on officer to manage the affairs of the society. He is managing the affairs of the society. (vi) On May 24/1971, the State Government, purporting to exercise powers under Section 91 of the Act, relaxed the maximum limit of the period of supersession and accorded sanction to extend the period of supersession by one year from November 10, 1970, to November 9, 1971, although this was beyond the period of three years from the initial date of supersession, that is, November 9, 1967. (vii) By a second order dated October 24, 1972, the State Government again relaxed the maximum limit contained in Section 53 (3) of the Act and accorded sanction to extend the period of supersession for 13 months from November 10, 1970 to December 9, 1972. (viii) During the pendency of this petition, it is common ground, by a similar order dated May 26, 1973 the State Government again relaxed the maximum prescribed period of supersession and accorded sanction to extend the period of supersession for a period of one year, that is, from December 10, 1972 to December 9, 1973.