LAWS(MPH)-2006-4-126

PEERU SINGH Vs. JOINT REGISTRAR

Decided On April 28, 2006
Peeru Singh Appellant
V/S
JOINT REGISTRAR Respondents

JUDGEMENT

(1.) BEING aggrieved with the order dated 3.9.2004, passed by Joint Registrar, Cooperative Societies, Indore u/s 18-A (2) of M.P. Cooperative Societies Act, 1960 (for short 'the Act'), the appellant has preferred appeal u/s 78 of the Act.

(2.) RELEVANT facts are that Ahilya Phal Sag-Bhaji Beej Utpadak Sahkari Samiti Maryadit (for short 'the Societies') was registered u/s 9 of the Act vide registration No. D.R/IDR/792 dated 15.9.2000. Appellant Shri Peeru Singh is former President of the aforesaid Society. Joint Registrar, Indore issued a show-cause notice dated 31.1.2004 u/s 18-A of the Act. This notice was challenged in revision No. 18/04 in Tribunal, vide order dated 4.6.2004. Tribunal allowed the revision with a direction that reasonable opportunity be accorded to the concerned. Consequently fresh show cause notice dated 9.6.2004 was given to the society calling upon them to submit their reply. The reply was filed on behalf of the society on 23.6.2004. Thereafter impugned order dated 3.9.2004 was passed, which is under challenge.

(3.) THE Government advocate appearing for the non-applicant has wholly supported the impugned order and canvassed that the Joint Registrar had jurisdiction to pass the impugned order. The promoter members of the society did misrepresent by giving false information in respect of their ownership of land. The purpose of the society also could not be achieved because the members were not owning land in their names and were not producing the products as required by the bye-laws of the society.