PRAKASH DAVARA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is a public interest litigation by which the petitioners have prayed that with all the orders issued during Khula Manch on 17-12-1995, at Raipur, for arrest, registration of criminal cases, forfeiture of property and dissolution of Managing Committee of the Housing Societies either at the behest of respondent No. 6 or any other dignitaries is, per se, non est and void. It is also prayed that the respondents Nos. 2 to 4 be prohibited from taking any action against petitioner No. 1 or any other President of Co-operative Society in respect of forfeiture of properties.

(2.) Brief facts giving rise to this petition are that the petitioners are public spirited persons and interested in the well being of the citizens of India. It is alleged that M. P. Co-operative Societies Act, 1960 provides for better organisation and development of co-operative movement in the State of M. P. In 1994, the Government decided to arrange Co-operative Lok Adalats in the form of Khula Manch at various places in order to expedite the grievances relating to Co-operative Societies. This Khula Manch has been launched to provide quick and speedy justice to the aggrieved persons. It is alleged that the petitioner No. 2 Maheshchand Jain who is the Acting President of Krishna Sakha Griha Nirman Sahkari Samiti, received a notice on 12-12-1995, whereby he was directed to remain present at the Khula Manch along with records. Petitioner No. 1 Prakash Davara, Ex-President of Geetanjali Co-operative Housing Society, did not receive any notice. He was not even contacted by any officer of the Co-operative Department. Petitioners 3 to 5 are members of various Co-operative Housing Societies. Khula Manch was organised at the Cultural Hall of Medical College, Raipur on 17-12-1995, by some of the dignitaries.

(3.) The grievance of the petitioners is that despite directions given by this Court in case of Deodas Mohanta v. State of M. P., 1995 MPLJ 981 : (1995 AIHC 4267), that Khula Manch should be held on the basis of mutual consent and the participation of Ministers or Government Officers play an inspiring an mediatory role, the persons present on the dais, in their zeal to redress the grievances, delivered instant judgments and orders. These orders were directed to be complied with through the officers present at that time, namely the District Magistrate, Supdt. of Police, Joint Registrar, Co-operative Societies, Revenue Commissioner, D.I.G., Police etc. In fact the entire administrative apparatus was present at that time. It is alleged that respondent No. 6 issued orders for forfeiture of properties of various Presidents of the Co-operatives Societies including petitioner No. 1 Prakash Davara, Sewakram Pandey, Sudhir Katiyar, A. K. Ansari, Sachchidanand Upasana, B. K. Agrawal etc. and directions were also issued to register criminal cases against the persons. This approach of the Khula Manch is sought to be challenged again before this Court. It is alleged that Shri Sewakram Pandey, President of Karmachari Griha Nirman Samiti, Rohanipuram, was arrested and sent to jail on 17-12-1995 from the Khula Manch.