AMRITLAL DHAKAD Vs. STATE OF MP

JUDGEMENT

(1.) BY this writ petition under Article 226 of the Constitution of India petitioner has assailed legality, validity and propriety of the order dated 22.4.2015. Annexure P -1, on various grounds.

(2.) LEARNED counsel for the petitioner submits that petitioner is an elected representative from Chera, Tahsil Jora, District Morena to Gwalior Sahakari Dugdh Sangh Maryadit, Gwalior. Aggrieved by the order of suspension dated 11.2.2013 passed by the Deputy Registrar, Morena in violation of provisions enshrined under section 49(8) of the M.P. Cooperative Societies Act, 1960, petitioner had preferred revision petition before the Joint Registrar, Cooperative Societies, Chambal Division Morena, Registered as Case No.80(ka)/16 -13/14. The effect and operation of impugned suspension order was stayed on 12.8.2013. Thereafter, proceedings were going on and on 19.3.2014 though case was posted on 8.4.2014, but there was no proceeding and no dates were fixed. Suddenly on 22.4.2015 without any notice and opportunity to the petitioner, final order was passed dismissing the revision petition. It is submitted that on the ground of violation of principle of natural justice and fair play the impugned order deserves to be quashed.

(3.) IT is also submitted that similar revision petition of respondent No.8, who was removed from primary membership of Dugdh Sangh Sahkari Maryadit, District Bhind vide order dated 18.4.2009, is pending consideration, however, the Joint Registrar only picked up petitioner 's revision petition and dismissed the same purportedly in the wake of amendment in the Act, as a result, petitioner was denied to participate in the election of Board of Directors, whereas respondent No.8 was permitted to participate. This has also led to grave illegality and hostility against the petitioner. Several other grounds have also been raised attributing mala fide, ulterior motives intended |to achieve collateral purposes consequent upon the impugned order.