DULICHAND Vs. KRISHAK SEVA SAHAKARI SAMITI MARYADIT, CHORAI

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution of India the petitioners who are members of the Krishak Seva Sahakari Samiti Maryadit. Chorai, have prayed for the issue of a writ of certiorari for purposes of quashing the order dated 3 -2 -1977 (Annexure H) passed by State Government, the respondent no.3 and also the communication in relation to the said order dated 14 -2 -1977 (Annexure G) by the Registrar. Co -operative Societies, Madhya Pradesh the respondent no. 4.

(2.) FACTS in brief leading to the present petition are that the petitioners are the members of the Krishak Seva Sahakari Samiti Maryadit. Chorai, in District Chhindwara (respondent No.1). This society was constituted on 7 -1 -1974 and was registered under the M.P. Co -operative Societies Act 1960 (hereinafter referred to as the Act).

(3.) THE first Board of Directors were nominated by the Registrar of the Co -operative Societies Madhya Pradesh (respondent no. 4) for a period of three years from 19 -2 -1974 to 18 -2 -1977. Therefore, as the time for the expiry of the period of the tenure of the first Board of Directors approached nearer the Board of Directors vide their resolution dated 28 -12 -1976 (Annexure B) resolved to convene an annual general meeting for electing Board of Directors on 17 -2 -1977. S.P. Bhagat (respondent no. 2) was appointed as a Returning Officer by the Deputy Registrar (respondent no. 5) vide his order dated 14 -12 -1976. The Returning Officer published the election programme as required by rule 41 (2) of the M.P. Co -operative Societies Rules, 1962 (hereinafter referred to as 'the Rules'). In accordance with this programme 9 Directors were to be elected (out of which four were reserved and five were general). The last date for filing nomination was 22 -1 -1977. On the basis of the scrutiny held on 25 -1 -1977 the five nominations submitted on behalf of the petitioners were found valid and there being no contest the Returning Officer. respondent no. 2, declared all the five petitioners elected as having been unopposed vide declaration dated 31 -1 -1977 (Annexure E). In the general body meeting of the Society dated 17 -2 -1977 the declarations made by the Returning Officer were read out in accordance with rule 41 (2) of the Rules which is clear from the copy of the proceedings (Annexure F). The remaining co -options and elections which were scheduled to be held on 19 -2 -1977 but on that date meeting was adjourned to 25 -2 -1977 on account of the death of the President of India. In the meanwhile a copy of the telegram (Annexure G) received by the Deputy Registrar (respondent no.5) containing the order of the State Government dated 4 -2 -1977 (Annexure H) communicated to him by the Registrar (respondent no. 4) was sent to the President of the Society, staying the election. By that order the State Government (respondent no. 3) exempted the societies from the operation of sections 48 and 49 or the Act till 31 -5 -1977 and in consequence thereof the Society (respondent no.1) was directed to stay the elections. This power was alleged to have been exercised by the State Government under section 91 of the Act. But on 25 -2 -1977 the petitioners the Ex -officio Directors and the nominated Directors held their meeting and co -opted the Directors whose seats were vacant and thereafter also elected petitioner no.1 as the President of the Society. The petitioners who were elected unopposed as mentioned earlier have filed the present petition challenging the order dated 3 -2 -1977 (Annexure H) of the State Government (respondent no. 3) respectively referred to above, all having been passed without jurisdiction.