SHYAMSUNDER VERMA Vs. ASSISTANT REGISTRAR

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India filed by 56 petitioners, out of whom 48 are residents of Pachore aad the rest are residents of villages within the radius of ten miles from Pachore, for quashing the order passed by the respondent Assistant Registrar, Cooperative Societies, Rajgarh (Biaora) on 6-2-1988, whereby they have been declared to be ineligible or disqualified members of Pachore Sahakari Vipanan Samiti Maryadit, a Marketing Co-operative Society which was originally registered on 18-2-1957.

(2.) The material facts giving rise to this petition, briefly stated, are as follows : The Pachore Sahakari Yipnan Samiti Maryadit (hereinafter referred to as 'Pachore Society') was registered as a Co-operative Society on 18-2-1957 for the objects mentioned in the bye-laws, having its area of operation as the area included within ten miles radius of Pachore. The petitioners were inducted as members of the said Society and their names continued to be on the list of members of the Society. The copy of the list of members published by the Society as on 30-6-1987, Annexure II to the petition, includes the mines of all the members as existing members

(3.) On 20-11-1987, the respondent-Assistant Registrar issued a common show-cause notice as per Annexure-III, informing the petitioners that their residence being not within the area of operation of the Pachore Society, they are not entitled to remain members of that Society and requiring them to show-cause why they should not be declared ineligible/disqualified as members of the said Society. The petitioners submitted their reply as per Annexure-IV to the show-cause notice, stating that the petitioners Nos. 1 to 48 are residents of Pachore and the Petitioners Nos. 49 to 56 are residents of such villages which fall within the radius of ten miles from Pachore and that they were inducted as members of the Society right from the time of formation of Pachore Society in the year 1957 and thereafter on dates as mentioned in the list of members of the Society and that the registered office of the Society is also in Pachore from where there have been three previous presidents of the Society. However, the cause shown by the petitioners against the show-cause notice did not satisfy the respondent Assistant Registrar, who by order dated 6-2-1988 declared the petitioners ineligible/disqualified as members of the said Society in purported exercise of the posers under Section 8 of the M. P. Co-operative Societies Act, 1960 (hereinafter referred to as 'the Act')- As a result of such declaration the petitioners are being treated as non-members. The petitioners have annexed to the petition a few of such orders as Annexures-V to XIII.