GHANSHYAM MADHAVRAO BARHATE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The writ petition is filed by three persons.- Ghanshyam Madhavrao Barhate, Irshad Ali Chhottu Ali and Eknath Tryambak Tayde seeking relief for issuance of a writ in the nature of certiorari or any other appropriate writ, order or direction, quashing the Resolution dated 4-7-1997 as mentioned in Annexure-P-5 and Resolution No. 24/97 dated 11-8-1997 as mentioned in Annexure-P-10 and issue a direction to the respondents for formulating the groups in a rational manner and make necessary amendments in the voters list by eliminating dead persons, showing correct categories of vorters and also making members belonging to Scheduled Caste, Scheduled Tribes and Other Backward Classes in their respective categories.

(2.) Learned counsel for the petitioners submitted that the Navalsingh Sahkari Shakkar Karkhana Maryadit, Naval Nagar, Burhanpur (hereinafter referred to as the Society) is a primary co-operative society registered under the Madhya Pradesh Co-operative Societies Act, 1960 (hereinafter referred to as the Act). The general body of the society, as per the provisions of Section 48-B of the Act, as provided in the bye-laws, is to be constituted by the delegates of the members of the society and such a body so constituted is called "the representative general body" and this body is to elect members of the committee of the management and Chairman and Vice-Chairman and also elect representative for sending to the other co-operative societies where this society is the member.

(3.) Learned counsel invited the attention of the Court to Annexure P-11 which is in fact a dissenting note of Joint Director, Co-operative Societies Indore Division Indore who happens to participate in the meeting of the committee of the management of the society, and he expressed his view which view was not accepted by the committee of the management in the matter of reservation of the seats, constitution of the separate group comprised of woman. By Resolution No. 24/97 (Annexure-P-10) a decision is taken formulating the groups.