LAWS(MPH)-1989-10-8

UMA SHANKER Vs. ASSISTANT REGISTRAR

Decided On October 25, 1989
UMA SHANKER, CHAIRMAN OF JAORA SAHAKARI VIPNAN AVAM PRAKRIYA SAHAKARI SANSTHA MARYADIT, JAORA Appellant
V/S
ASSISTANT REGISTRAR, CO-OPERATIVE SOCIETY Respondents

JUDGEMENT

(1.) Heard Shri Purohit, learned counsel for the petitioner and Shri Bhargava, learned Government Advocate for the respondent, who appears on a show-cause notice issued by the Court. The respondent has filed reply to the notice.

(2.) By this petition the petitioner prays for quashing the order dated 26-12-1988, passed by the respondent, restraining the petitioner from acting as representative of the Society in exercise of power under Section 67 (1) of the M. P. Co-operative Societies Act (for short, the Act).

(3.) Short facts necessary for disposal of this petition are that a registered Co-operative Society known as Jaora Sahakari Vipnan Avem Prakriya Sahakari Sanstha Maryadit Jaora it there in village Bardiya-Goyal and the petitioner is a member thereof. On 30-11-1988 he was elected to the Society. On the same day Nanda s/o Bhaggaji was also elected as representative of the Society at Jaora. The petitioner has filed copy of the proceeding dated 30-11-1988. Be was elected for a period of five years. There is also a Marketing Society, known as Jaora Sahakari Vipnan Avem Prakriya Sahakari Sanstha Maryadit Jaora and the Society of which the petitioner is a Member, was elected as Chairman. Other Member Societies have their representatives to the Marketing Society at Jaora. The petitioner's case is that Nanda s/o Bhaggaji who was representative of the petitioner Society to the Marketing Society at Jaora, had tendered his resignation on 4th December, 1988, which was accepted by the Society. This resignation has been filed as Annexure-D and the proceedings of the Society dated 17-12-1988 are filed as Annexure-E. According to the petitioner, he was unanimously elected representative to the Marketing Society at Jaora. This proceeding is filed as Annexure-F.