ANIL KUMAR OZA Vs. APPELLATE AUTHORITY

JUDGEMENT

(1.) This petition is directed against an order passed by the Chief Executive Officer, District Co-operative Land Development Bank Mandsaur removing the petitioner from service, and the order passed by the Appellate Authority. Under Rule 43 of the Rules framed under Section 55 (1) of the Madhya Pradesh Co-operative Societies Act, 1960.

(2.) This matter was listed before the learned single Judge before whom a preliminary objection was raised and on basis of the preliminary objection as to whether a petition under Article 226 of the Constitution would lie against a co-operative society in view of the fact that it could be treated as a State under Article 12 of the Constitution. It appears that the learned single Judge observed that as this question deserves reconsideration of a Full Bench decision of this court in Ramswarup v. M. P. Co-operative Mar F. Ltd. [1976 MP LJ 376] the matter may be placed before a large Bench. Thereafter the matter was placed before a Division Bench and the Division Bench passed an order that as the decision of this court in Ramswarup v. M. P. Co-operative Mar F. Ltd. (Supra) is itself a decision of Full Bench the matter has to be placed before a larger Bench and, therefore, the petition has come up before us.

(3.) In this petition the petitioner has challenged the order of removal passed by the Chief Executive Officer, Land Development Bank, and also the order passed by the Appellate Authority under Rule 43. The contention advanced by the petitioner is that the order passed by the appellate authority is not a speaking order and as the Appellate Authority is a statutory body hearing an appeal under Rule 43 of the Rules framed under Section 55 (1) of the Co-operative Societies Act, a petition under Art. 266 will lie. Learned Counsel for the petitioner frankly conceded that he does not want to press the other question of issuing a direction against the co-operative society under Article 226.