Madhya Pradesh High Court
Vipadan Sahakari Sanstha Maryadit ... vs The State Of Madhya Pradesh on 26 April, 2017
1 WP.2705/2017
Vipadan Sahakari Sanstha & anr.
Vs.
State of M.P. & ors.
26.04.2017
Shri MPS Raghuvanshi, learned counsel for the
petitioners.
Shri Harish Dixit, learned Government Advocate for the
respondents/State.
Petitioner has filed this petition assailing the order dated 22/04/2017 passed by the Registrar, Cooperative Societies, Bhopal (MP), whereby the Registrar Cooperative Societies, Bhopal (MP) has terminated the registration of the petitioner's society and has appointed an officer in-charge for liquidation of the said society.
Several grounds have been raised including the violation of principles of natural justice as the status of the co-operative society being elevated to the leave having constitutional protection by virtue of notification in the year 2012 and also that the act of the Registrar in publishing notices in the newspaper were not in good taste. It has also been assailed that the Registrar acted on the basis of the circular dated 29/11/1990 and which was not permissible, inasmuch as the administrative orders/circulars could not have been used by the Registrar to cancel the registration of a society. It is also submitted by the counsel for the petitioners that Registrar suppressed the fact that the provisions under Section 18-A(5) of Madhya Pradesh Cooperative Societies Act, 1960, have been omitted w.e.f. 04/01/2010 and, therefore, in the light of wrong provision orders were obtained from this Court seeking authority to act 2 WP.2705/2017 against the petitioners' society.
On the other hand, learned counsel for the State submits that even if the provisions as contained in Section 18-A(5) of the Act, 1960 stood deleted w.e.f. 04/01/2010, the substantive provision in Section 18-A(5) of the Act, 1960 deals with de-registration of society and empowers the Registrar to take action against the society. Therefore, the act of the Registrar cannot be assailed merely on the ground that Section 18-A(5) of the Act, 1960 has been omitted w.e.f. 04/01/2010. Earlier provision under Section 18-A(5) of the Act, 1960 provided that the powers of the Registrar under sub-sections (1) and (2) shall not be exercised by any officer not below the rank of Joint Registrar of the Co-operative Societies. Thus, the provision in sub-section 5 of Section 18- A of the Act, 1960 was in the form of legislative delegation of authority to the officer not below the rank of Joint Registrar to exercise the powers as are conferred under sub-sections (1) and (2). Deletion of this provision will not demote the Registrar to exercise his authority under the provision of Section 18-A of the Act, 1960. Therefore the ground of omission of Sub-Section (5) of Section 18-A of the Act, 1960 w.e.f 04/01/2010 will not create any equity in favour of the petitioner. It is also submitted that there is a statutory alternative remedy of filing appeal as provided under Section 78 of the Act, 1960 and since there is existence of statutory alternative remedy, petitioners be relegated to avail such statutory alternative remedy.
In view of the aforesaid submissions, this Court is of the view that in the light of the provisions contained in Section 78 of the Act, 1960 and in view of the fact that there is existence of alternative statutory remedy, of filing an appeal 3 WP.2705/2017 , this petition is not entertainable at this point of time and, therefore, this writ petition is disposed of with a direction to the petitioner to avail the statutory alternative remedy at appeal available to him under the law.
With the aforesaid, the petition stands disposed off. This Court has not expressed any opinion on the merits of the case.
(Vivek Agarwal) Judge Astha