ANILKUMAR OJHA Vs. APPELLATE AUTHORITY, DISTRICT CO

JUDGEMENT

(1.) This petition is directed against the order passed by the 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 M.P. Co-operative Societies Act, 1960, called Sahakari Bhumi Vikas Bank Karmachari Seva Niyam.

(2.) Earlier in this matter, a preliminary objection was raised that a petition under Art. 226 of the Constitution of India could not lie against a Co-operative Society as it was not a state of a statutory authority, within the meaning of Art. 12 of the Constitution of India. A Full Bench of this Court on the point in (Ramswarup Vs. M.P. Co-operative Mar. F. Ltd.), 1976 M.P.L.J. 376 was considered by the learned Single Judge. That decision held that a Co. operative Society was not a statutory body and did not come within the ambit of Art. 12 of the Constitution. However, the Court held further that a writ should be issued against a Co-operative Society where the society had not carried out any legal obligation or acted in violation of a statutory provision. The learned Single Judge observed that the said decision deserved reconsideration, as such, the matter was placed before a Division Bench and at its instance the matter was placed for hearing before a larger Bench of 5 Judges.

(3.) During the course of hearing before the Full Bench of 5 Judges, the contention advanced by the petitioner was that the order passed by the Appellate Authority respondent No. 1 was 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. 226 will lie. Learned Counsel for the petitioner frankly conceded that he did not want to press the other question of issuing a direction against the co-operative society under Art. 226.