AMOD KUMAR SAXENA Vs. PRAKASH KHANDELWAL

JUDGEMENT

(1.) Challenging the order-dated 5.6.2014, passed by the MP State Cooperative Tribunal, Bhopal in Second Appeal No. 123/2013, this petition has been filed under Article 227 of the Constitution.

(2.) Dispute in the writ petition pertains to election to the post of Directors of the Awas Rahat Grih Nirman Sahkari Sanstha Maryadit, Bhopal-a Cooperative Society, registered under the provisions of the MP Cooperative Societies Act.

(3.) Facts in nut-shell, go to show that on 15.9.2012, petitioners were elected as Directors of the said society. Aggrieved by the said election, respondent No. 1 raised a dispute under section 64 of the MP Cooperative Societies Act, 1960 (hereinafter referred to as 'Act') before the Deputy Registrar, Cooperative Societies, Bhopal. Notices were issued and proceedings were held exparte against the petitioner, as it was reported that they did not appear inspite of service of notice. An exparte order was passed on 15.5.2013, after notice was tried to be served by publication. When this order was passed, petitioner No. 1 moved an application under Order IX Rule 7 of the Code of Civil Procedure, seeking setting aside of the exparte proceedings held against them. It is the case of the petitioners that the application under Order IX Rule 7 was not taken note of and the respondent No. 2 closed the case for orders on 3.7.2013 and orders were passed on 29.7.2013. A revision was filed before Joint Registrar, Cooperative Societies, Bhopal challenging this order-dated 29.7.2013 proceeding exparte in the matter, but in the meanwhile the case was taken up for hearing on 31.7.2013 and finally an order was passed by the Deputy Registrar and the election was declared as void. Petitioners preferred an appeal under section 78(1) of the Act before the Joint Registrar, Cooperative Societies, Bhopal and the matter proceeded before the Joint Registrar, where certain interlocutory orders were passed. Finally, on 30.8.2013, the revision filed by respondent No. 1 was allowed by the Joint Registrar and in the meanwhile, at the interlocutory stage the matter came to this Court in Writ Petition No. 15693/2013. This writ petition was disposed of on 5.9.2013, and thereafter final orders were passed by the Joint Registrar on 25.10.2013, deciding the appeal.