DAYARAM DHEEMAR Vs. STATE OF M.P.

JUDGEMENT

(1.) In the instant petition filed under Article 226 of the Constitution of India the petitioners have called in question legality and validity of the order dated 8-2-2017 passed by the M.P. State Co-operative Election Authority, Bhopal [hereinafter referred to as 'the Election Authority'] declaring the programme of Laharbandh Matsyudyog Sahkari Samiti Maryadit, Nagara, Tikamgarh, whereby the election of the Board of Directors, Office Bearers and Representatives have been scheduled and commenced from 13-02-2017.

(2.) Bone of contention of the petitioners is that the election programme has been issued despite an interim order, dated 2-5-2016 passed by the M.P. State Co-operative Tribunal, Bhopal [for short 'the Tribunal'] directing to maintain status-quo in respect of the membership of the petitioner and 14 others. It is contended that the present petitioner and 14 others who were eligible to become Members of the Society had applied for membership but the Chairman due to vested interest, was unable to give membership to the applicants and, therefore, all the 16 persons approached the respondent No.3 - Deputy Registrar, Co-operative Societies, Tikamgarh, District Tikamgarh whereby the respondent No.3 had directed the respondent No.4 to give membership to the petitioners and 14 others, vide order dated 10-11-2015.

(3.) The Chairman of the Society had challenged the order dated 10-11-2015 before the Joint Registrar, Co-operative Societies, Sagar and the said Authority by order dated 31-01-2016 set aside the order dated 10-11-2015 and allowed the appeal filed by the respondent No.4. It is asserted that the present petitioners and 14 others have assailed the order of the Joint Registrar before the Tribunal by filing a revision under Section 77(14) of the M.P. Cooperative Societies Act, 1960 [hereinafter referred to as 'the Act'] whereby the Tribunal has passed an order of 'status-quo'.