LAXMI NARAYAN SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) All these writ petitions are inter-connected; therefore, they are disposed of by common order. In these writ petitions, the primary question to be considered is whether the Boards of the Co-operative Societies all over the State of Madhya Pradesh, which are continuing without elections, can survive or not. In the writ petitions 2924 of 1996 and 3342 of 1996, the challenge was by a writ of quo warranto. whether the Chairman and the elected Boards can survive without elections for an indefinite period or not. It is significant to point out here that last elections for Co-operative Societies took place in 1984 and thereafter no elections took place and the elected incumbants of the Co-operative societies are holding the office of Chairman/Presidents and Board of Directors continuously for one reason or the others.

(2.) In writ petition No. 2924 of 1996, the petitioners have sought a writ of 940 warranto against respondent No. 4 Shri Subhash Yadav, President/Chairman of M.P. State Co-operative Bank Limited. Bhopal. The petition was admitted and notices were issued and, therefore, on hearing both the parties, an interim order was passed by this Court on 17.9.1996 restraining the respondent No. 4 from functioning as the President/Chairman of the M.P. State Co-operative Bank Limited. Bhopal. In W.P. No. 3342 of 1996, a similar writ of qua warranto was sought by the petitioner against the respondents 4, 6, 8 and 10 of restraining them from holding offices of Chairman of M.P. Rajya Sahakari Bhumi Vikas Bank, Bhopal, M.P. Rajya Sahakari Upbhokta Sangh, Bhopal, M.P. Rajya Sahakari Vipanan Santh, Bhopal and M.P. Rajya Sahakari Sangh Maryadit, Bhopal. The writ petition was admitted for hearing and the aforesaid respondent's 4, 6. 8 and 10 were restrained from functioning as Chairman of their respective societies, by an interim order passed by this Court on 11.10.1996.

(3.) Subsequently, the Registrar of Co-operative Societies, Madhya Pradesh has issued order dated 22nd November. 1996 in exercise of power under Section 49(8) of the M.P. Co-operative Societies Act. 1960 (for short the Act of 1960) and resumed the charge of all these Co-operative Societies. Therefore, as far as writ petition Nos. 2924 of 1996 and 3342 of 1996 are concerned, they have already become infructuous as the Registrar of Co-operative Societies, Madhya Pradesh has already taken over the charge of the societies concerned. This order dated 22nd November, 1996 has now been challenged in the following three writ petitions : (1) W.P. No. 5143 of 1996 ; (2) W.P. No. 5171 of 1996 ; and (3) W.P. No. 522 of 1996. In these writ petitions, the order dated 22.11.1996 has been challenged on the ground that the elections were not held not at the instance of persons who are occupying the office. It is however pointed out that the elections could not be held for various reasons. It has been pointed out by learned Counsel that first election was held in 1984 and the duration of the term was three years. Thereafter, the tenure of the Societies was increased by amending the law i.e. sub-section (7-A) was inserted in Section 49 of the Act of 1960 by Amendment Act No. 25 of 1988. Again in 1990, it was reduced to three years, by M.P.Act No. 14 of 1990. In 1994, once again by Act No. 42/94 in force with effect from 8th May, 1994, the period of tenure was extended to five years. It is pointed out that fresh process of election started in 1988 which was challenged before this Court. This Court by its judgment dated 21.6.1993 in M.P. No. 1111 of 1990 Anurudh Prasad Shastri v. State of M.P., struck down some provisions of the Act of 1960. Operative paragraph 14 of the judgment read him;