NARENDRA GIRI Vs. CHAIRMAN DISTRICT CO OP

JUDGEMENT

(1.) THEY are heard on preliminary objections raised by the respondents. According to respondents, District Cooperative Central Bank Limited is a Cooperative Society registered under provisions of M.P. Cooperative Societies Act, 1960 (for short 'the Act'). The total working capacity of the society is Rs.22,203.32 lakhs; out of which the State's Share is only Rs.5.35 lakhs. Thus, the State share in the total working capacity works out to 0.24 per cent which is less than 50 per cent.

(2.) SHRI Sethi learned counsel for respondents submitted that in view of the Full Bench decision reported in 1976 JLJ 293 = 1976 MPLJ 376 (Ramswarup Gupta v. M.P. Coop. Marketing Federation Ltd.) and 1993 JLJ 512 = 1993 MPLJ 786 (Dinesh Kumar Sharma v. M.P. Dugdh Mahasangh Sahakari Maryadit & another) a Cooperative Society is not a 'State' within the meaning of Art. 12 of the Constitution of India and as such no writ petition under Art. 226/227 of the Constitution is maintainable against it.

(3.) LEARNED counsel for the petitioner relied upon a Single Bench decision reported in 1996 RN 287 (P.W. Kelkar v. State). I am afraid the said decision is of no avail in view of two Full Bench decisions which are binding upon me.