SHASHIVENDRA YADAV Vs. MACHHI SINGH

JUDGEMENT

(1.) .-- Heard Smt. Shobha Menon, learned counsel for the petitioner. One Shri Sardar Majhi Singh made a reference under Section 64 of the M. P. Co-operative Societies Act, 1960 (for brevity hereinafter referred to as 'the Act') to the Registrar, Co-operative Societies regarding declaration of (he agreement to sale executed between him and Gandhi Smarak Grih Nirman Sahakari Sansatha Marysdit (for brevity hereinafter referred to as ('the Society') as cancelled, The Deputy Registrar acting as Administrator under Section 64 of the Act give award in the said reference numbered as E-72/94. The agreement to sale was cancelled and declared as inffective. This award was appealable under Section 77 of the Act and also second appeal was also provided.

(2.) However. in the case it is not the Society which has come forward but Shashivendra Yadav, Wamand Shivram Maske and Gyaneshwar have approached this Court by means of the present petition. Learned counsel for the petitioners stated that the petitioners are members of the Society arid in the capacity of members they have come forward challenging the said award.

(3.) The Question for consideration is regarding locus atandi of the members to maintain the writ petition. Learned counsel did not address the Court on this aspect of the matter but invited the attention of the Court to the case of Ram and Shyam Company v State of Haryana, AIR 1985 SC 1147. Para 9. In this case the Supreme Court observed :