GOVIND ARYA Vs. STATE

JUDGEMENT

(1.) The petitioner, who is an agriculturist and resident of Gawali Palasia, Tahsil Mhow, has filed this petition under Art.226 of the Constitution of India to quash the show cause notice dated 21-4-1982 (Annexure-A) given by respondent No. 3 and direct him not to disturb or deviate from Resolution No. 10 dated 28-3-1978 of respondent No. 4 Society, namely Ambika Aloo Utpadak Vipanan Avam Prakriya Sahakari Samiti Maryadit, Gawali Palasia, granting membership to the petitioner and others and not to remove any member from the register of members.

(2.) The relevant facts giving rise to this petition, may be stated, thus : Respondent No. 4, which is a Co-operative Society is registered under the M. P. Co-operative Societies Act, 1960. The petitioner became a Member of the said Society on 28-3-1978, vide Resolution Annexure-R-3, when the Managing Committee of the Society was superseded. On 14-5-1979 the petitioner was also elected as a Director of the Society which functioned till 14-1-1982 when the Society was again superseded and respondent No. 3 was appointed as the Officer-in-charge of the said Society by the Registrar. The said supersession is under challenge before the Joint Registrar of Cooperative Societies, Madhya Pradesh.

(3.) On 10-5-1982 the petitioner received a show cause notice dated 21-4-1982 (Annexure-A) from respondent No. 3, the Officer-in-charge of respondent No. 4 Society, asking him to him cause why the petitioner's name be not removed from the register of members of the said society. In this notice it is also stated that the Resolution dated 28-3-1972 (28-3-1978?) granting membership of the Society to the petitioner was invalid and it is proposed to be cancelled. Further it is alleged in the said notice that the petitioner was not eligible for the membership of the Society and that he has obtained membership by misrepresentation. Further it is also stated therein that membership was granted to the petitioner even though no shares were available for allotment, the entire share capital having been fully subscribed. Further according to the petitioner similar notices have been served on 867 member of respondent No. 4 Society out of the total membership of 1318. Thus a majority of members of the Society are threatened with expulsion which, if allowed, will change the total complexion of the Society beyond recognition.