GAUD SAHAKARI SABHA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In this matter show cause notice against admission was issued by this Court on 13.5.1998. On the said date it was further directed that respondent No. 6 herein, will not take any financial decision without prior permission of the Registrar who will decide such a request after hearing the petitioners.

(2.) It appears that an order has been passed by the Assistant Registrar, Co-operative Societies. Indore purporting to have exercised his powers under Section 53(13) of the M.P. Co- operative Societies Act, 1960 (for short the Act). Petitioners are aggrieved by the said order by which the Managing Committee of petitioner No. 1 Society stands superseded petitioners No. 2 to 6 are claiming to be Directors. the said Managing Committee Respondent No. 6. who has been appointed as an Officer in-charge to take over the charge of the Managing Committee until the elections are held, has filed an application under Article 226(3) of the Constitution of India. for vacating the interim order of stay passed by this Court. Reply to the same has been filed by the petitioners opposing the said prayer. At the time of hearing arguments of this application, it was felt by this Court that matter can be disposed of. Thus. the hearing was deferred. Learned Government Advocate was directed to keep the records, available for perusal. The matter has, therefore, been taken up for hearing on merits to day.

(3.) Government Advocate has submitted for perusal of this Court, the Dak Book maintained by the Office of the Deputy Registrar and Despatch Register of the same office, to show that notices were sent to all the petitioners on 11.3.1998 and 12.3.1998. However. learned Counsel appearing for the petitioners have challenged the correctness and genuineness of the said two Registers and according to them these two registers have been manufactured with an intention to show to this Court. that notices, prior to taking any action under Section 53(13) of the Act, were issued. However, at this stage it is not necessary to enter into further controversy in this regard.