GAJENDRA SINGH DANDOTIYA Vs. STATE OF M.P.

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution of India challenge is made to the order dated 15/10/2013 (Annexure P/1). By the impugned order, Joint Registrar, Cooperative Societies, Gwalior Division has addressed the letter to the Collector, Gwalior recommending departmental action against the petitioner, the Village Agricultural Development Officer, Ghatigaon, Gwalior for alleged grave irregularities as an election officer, while conductions the elections of Primary Agricultural Cooperative Society, Tighara. It is further mentioned therein that a writ petition was preferred by the members of the society alleging irregularities and illegalities committed by the petitioner and by the orders of this Court, the enquiry was held and vide order dated 10/10/2013, the elections of the Society were cancelled.

(2.) THE challenge to the aforesaid order is made on the premise of Section 80 -A of M.P. Cooperative Societies Act, 1960 (for short "the Act") stating that the petitioner ought to have been heard before passing of the order dated 10/10/2013 by the Joint Registrar and therefore, the departmental action recommended in the impugned order on the basis of order dated 10/10/2013 is bad in law.

(3.) SECTION 80 -A of the Act is placed under Chapter X which deals with redressal forums providing for Constitution of Tribunal, powers of Tribunal, appeals before the Registrar and Tribunal etc. and Section 80 -A of the Act provides inherent powers to Registrar to call for proceedings of subordinate officers and Board of Directors of a society and to pass orders thereon. The Registrar may invoke such powers to satisfy himself as to the legality or propriety of any decision or order passed and as to the regularity of the proceedings of such officer or Board of Directors and if it appears to the Registrar that any decision or order or proceedings so called for should be modified, annulled or reversed, the Registrar, may pass such order thereon as he may deem fit. This power is subject to proviso which reads as follows: -"Provided that no order under this Section shall be made to the prejudice of any party unless such party has had an opportunity of being heard."