STATE OF MADHYA PRADESH Vs. LAXMAN PRASAD BHARGAVA

JUDGEMENT

(1.) District Co-operative Central Bank Limited, Ujjain (hereinafter referred to as the Bank) is a registered Central Co-operative Society, registered under the Madhya Pradesh Co-operative Societies Act, 1960 (for brevity here-in-after referred to as the Act). The Bank was having its registered bye-laws.

(2.) In exercise of the powers under Section 12(1) of the Act, the Registrar, Co-operative Societies, directed the Chairman of the Bank that in place of the existing bye-laws of the Society of the Bank, the bye-laws as proposed by his be accepted and in case, the Bank finds and difficulty in accepting the bye-laws, then he may file objection by 24th September, 1979 before him in person. It was also mentioned in the said order that if no objection is filed within the time specified, it would be treated that the Bank has nothing to say and the proposed bye-laws will be treated to have been accepted by the Bank and such proposed bye-laws will be registered. On 24.9.1979, no body appeared from the side of the Bank but the Bank vide its letter No. 2278 dated 14.9.1979 sent by registered post, made a proposal for amendment in the proposed bye-laws and this letter was received by the Registrar, Co-operative Societies on 15.9.1979 and whereafter the Registrar on 25.1.1989, passed an order registering such bye-laws without any amendment. This order was given challenge by way of an appeal before the Board of Revenue and the Board of Revenue registered it as Appeal No. 40-Do/80 which filed by one Laxman Prasad Bhargava, Advocate, who was a member of the general body of the Bank. The appeal was allowed saying that the order of the Registrar, Co-operative Societies dated 25.1.1980 did not comply the requirement of sub-section (2) of Section 12 of the Act whereunder he was supposed to give an opportunity to the Bank to state its objections, if any, i.e., he was supposed to give an opportunity of being heard the Bank and not obtaining opinion of such societies as may be notified by the State Government, and on the basis that no opportunity of being heard was given to the society, the order of the Registrar dated 25.1.1980 registering the bye-laws, without the amendment proposed by the society, was set aside. This order is the subject-matter of the present writ petition.

(3.) The present writ petition is filed by the state of Madhya Pradesh and by the Registrar, Co-operative Societies, Madhya Pradesh, Bhopal. The Board of Revenue exercised the power of the State Government conferred on it by virtue of the provisions of Section 80 of the Act.