ANURUDH PRASAD SHASTRI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS Order will govern disposal of Misc. Pet. No. 1141/90 (Mahendra singh v. State of M. P. and Others), Misc. Pet. No. 1197/90 (Umakant Dixit v. State of M. P. and Others), Misc. Pet. No. 1215/90 (O. P. Pandey v. State of M P.& Others), Misc. Pet. No. 1805/90 (D. Logan v. State of M. P. and. Others), Misc. Pet. No. 2380/90 (Brij Kishore Tiwari v. State of M. P. and Others), Misc. Pet. No. 230/91 (Executive Committee of Hariyana Nagar Grih Nirman Sahkari v. State of M. P. and Others), Misc. Pet. NO. 1047/92 (Vish -wanath Modi v. State of M. P. and Others), Misc. Pet. NO. 1937/89 (Raipur Co -op. Land Dev. Bank v. State of M: P. and Others), Mist. Pet. No. 2759/90 (J N. Vyas v. State of M. P. and Others), Misc. Pet. No. 3530,90 (Ram -narayan Idu v. State of M. P. and Others), Misc. Pet. No. 3662/90 (Mohanlal Gupta v. State of M. P. and Others), Misc. Pet. No. 263/91 (Devendra Khare and Others v. State of M. P. and Others), Misc. Pet. No. 376/91 (Ramswaroop Pathak v. State of M. P. and Others), Misc. Pet. NO. 846/91 (Smt. Ranjana Kumari Singh v. State of M. P. and Others) and Misc. Pet. NO. 4097/91 Radheshyam Kasar v. state of M. P. and Others), as all these petitions raise common questions of facts and law, for consideration of this Court.

(2.) PETITIONERS in all these petitions are elected officers and members of managing committee of Co -operative Societies registered under M.P. Co -operative Societies Act, 1960 (hereinafter referred to as the Act). The Managing Committee of all the petitioner societies had, in terms of Sec. 49 Of the Act), as it existed immediately before 26th April, 1990, passed resolutions to hold new elections of the officers and members of the Managing Committee and requested the Registrar, Co -operative Societies or his nominee to appoint the Returning Officer for the purpose. The respondent State promulgated an Ordinance called M. P. Co -operative Societies (Amendment) Ordinance, 1990 (Ordinance No. 2 of 1990) on 20th April, 1990, published in M. P. Rajpatra (Extra -ordinary) dated 26th April, 1990 making extensive change in the Act including Section 49 dealing with the election of the officers and members of the Managing Committee of registered societies. Constitutional validity of this Ordinance and particularly provisions relating to substitution of the Managing Committee of the Society by the Registrar or his nominee, pending election, was challenged in these writ petitions. The Ordinance was subsequently replaced by M. P. Co -operative Societies (Amendment) Act, 1990 (Act No. 14 of 1990) (hereinafter referred to as the Amendment Act) and hence the petitioners have been amended to include challenge to the corresponding provisions of the Amending Act. All these petitions have been heard together and are being decided by this common order.

(3.) THE Act, as is well known, was a consolidating and amending law enacted to provide the State with a uniform system of administration of Cooperative Societies. Before the enactment of the Act, various parts of the State were governed by different laws like Madhya Bharat Co -operative -Societies Act or the Central Co -operative Societies Act. These laws had administrative structure of their own and caused administrative inconvenience. The Act, to a greater extent, achieved the purpose and provided for democratic and unified functioning of Cooperative Societies. The Act was amended from time to time either on the recommendation of the Law Commission or of the Committee appointed by the Government for the purpose. Inspite of the amendment, the purpose of the Act remains to organize and develope Cooperatives was effective democratic instrument for curtailing exploitation and ensuring socio -economic development of people with particular emphasis on wearker sections of the society. As stated in the Preamble or long title of the Act. In Brij Gopal v. State of Madhya Pradesh 1979 MPU 695., a Division Bench of this Court considered the nature, object and purpose of the Act and observed that "societies which can be registered under the Act are those which have their objects the promotion of the economic interest of their members or their general welfare in accordance with the co -operative principles or similar objects." Though co -operative principles are not stated anywhere in the Act, the Court brought them out as under : -