LAWS(MPH)-2017-7-140

SINDHU SAHKARI SAKH SANSTHA MARYADIT DISTT-INDORE THRU PRAKASH PRESIDENT OFFICE Vs. ASHOK KHUBANI AND OTHERS

Decided On July 04, 2017
Sindhu Sahkari Sakh Sanstha Maryadit Distt-Indore Thru Prakash President Office Appellant
V/S
Ashok Khubani And Others Respondents

JUDGEMENT

(1.) Regard being had to the similitude of the controversy involved in these petitions, they were heard analogously and both are being decided by this common order.

(2.) The petitioner has challenged the order dated 31.01.2017 passed in Revision Petition No. 11/2017 & 13/2017 by Madhya Pradesh State Co-operative Tribunal, Bhopal (For short Co-operative Tribunal) whereby the learned Tribunal upheld the order of dismissal of appeals of Respondent no.1 and 4 of the Appellate Authority/ Dy. Commissioner, Co-operative Societies, District - Indore and set aside the order of the Appellate Authority to the extent it related to Respondent nos. 2 and 3 (WP 749/2017) and Respondent No. 1 (WP 750/2017) and directed the Dy. Registrar, Co-operative Societies to amend the final electoral roll to the extent to permit them to participate in the election process by displaying their name as eligible members.

(3.) The facts in detail need not be stated, for the controversy really lies in a narrow compass. As the factual matrix would unfurl, the petitioner is a registered Resource Co-operative Society. On completion of term, election of Board of Directors of the society fell due on 26.03.2017. Therefore, the Madhya Pradesh State Co-operative Election Authority appointed a Registration officer Mr. Anand Katri, Cooperative Inspector to finalize the members list vide order dated 15.12.2016 (Anx.P-2). Registration officer published members list showing the name of Respondent No. 1 to 4 as ineligible to vote being "Non Borrowing Member" and published this list on 20.12.2016 as per the schedule laid down by the State Election Authority (Anx.P-2A) and invited objections up to 27.12.2016. In the mean time; Respondent No. 2 & 3 borrowed Rs.1000/- each from the Society. Respondent No. 1 (WP 750/2017) and Respondent No.2 to 4 (WP 749/2017) filed objections between 23 to 27.12.2016 regarding their ineligibility shown in the members list before the Registering Officer, which were dismissed by him vide order dated 28.12.2016. The objection of Rahul Sukhani and Manohar Lal Vadhwani (Respondent No.2 & 3 WP 749/2017) and of Kishore Vadhwani (Respondent No. 1 WP 750/2017) on the ground that they have taken loan after publication of the members list (Anx.P-5 WP750/17 & Anx. P-6 WP 749/17). They preferred appeal against this order of Registration Officer before the Appellate Authority, Co-operative Societies, which met with the same fate on the same ground (order dated 06.01.2017). Respondent No. 1 (WP 749/2017) did not file objections but he directly filed appeal, which was also dismissed vide order dated 06.01.2017. All these Respondents (Respondent Nos.1 to 4 WP 749/17 & Respondent No. 1 WP 750/17) then preferred revision petitions against the order of the Appellate Authority on 10.01.207, which were disposed of as stated in para no.1 above.