ANANT Vs. STATE

JUDGEMENT

(1.) The petitioner, who is a socio-political worker, a freedom fighter, an ex-member of the Indore Municipal Corporation, a person highly interested in the Co-operative Movement and in various other social and cultural activities as also a member shareholder of respondent No. 9, Indore Parasper Sahakari Bank Ltd. Indore, has filed this petition under Art. 226 of the Constitution of India seeking a writ of mandamus commanding respondent No. 1 the State of M.P. to launch immediate prosecution of respondents No. 3, Shri C. P. Arora (then) Joint Registrar, Co-operative Societies Indore, respondent No. 6 Shri R, G. Nikkan (then) Assistant Registrar, Co-operative Societies, Indore, respondent No. 7 the Manager, Indore Parasper Sahakari Bank, Indore and respondent No. 11 Shri D. Y. Munnawar (then) Revenue Commissioner, Indore and to initiate departmental enquiry against them to impose appropriate penalties. He has also prayed that a writ of mandamus ordering respondents Nos. 1, 2, 4 and 10 to pay to respondent No. 9 the entire money spent by it on intercom, water cooler and other equipment for their offices together with interest at the rate of commercial advances and also seeking a further writ of mandamus ordering the respondent No, 1 to make investigation of similar alleged misappropriations in other Cooperative Banks in charge of respondents Nos. 3, 4, and 6 to refund the same to them, and to withdraw notices of supersession dismembership for doing away with their inherent threats and with a further direction to the State Government to make adequate financial arrangements for equipping its own offices, be issued, as according to the petitioner there has been misappropriation of Societies, funds for illegal, unauthorised and wrongful purchase of property for offices of respondents Nos. 1,2, 4 and 10.

(2.) The facts of this case are not in dispute. According to the petitioner the respondent No. 2 by a notice dated 2-8-82 called upon respondent No. 9 to show cause as to why the body be not superseded under S.53(1) of the M.P. Co-operative Societies Act. However, before a reply could be filed, on 13-8-82 the Board of Directors of respondent No, 9 was dissolved under S.49 (a) of the M.P. Co-operative Societies Act, Consequently respondent No. 2 assumed charge of respondent No. 9 through respondents Nos, 5 and 6 who thus continued to hold that charge till 15-3-84 when the newly elected Board of Directors replaced him.

(3.) That while respondents Nos. 2 and 3 through respondents Nos. 5 and 6 were fully in charge, control and management of respondent. No. 9 respondent No. 2 ordered the respondent No. 6 to obtain an eight-line intercom from M/s Data Machines to be fitted in the office of respondents Nos. 2 and 4 for an amount of Rs. 7530.25 P. in the month of July, 1983 as per annexures-B/1, B/2, B/3, B/4 and B/5. Similarly the respondents Nos. 3 and 4, at the cost of respondent No. 9 got a desert cooler fitted in the office of respondent No. 10 the Revenue Commissioner, Indore for a sum of Rs. 2525.00 as per Annexures C/1, C/2, C/3, C/4and C/5. All these expenses incurred for the installation of the intercom as also for the parchase of desert cooler were spent from the funds of the Bank.