Madhya Pradesh High Court
Laxmi Chand Sanodiya vs Union Of India on 1 September, 2022
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
ON THE 1st OF SEPTEMBER, 2022
WRIT PETITION No. 11045 of 2022
Between:-
1. LAXMI CHAND SANODIYA S/O SAMMOO LAL
SANODIYA, AGED ABOUT 45 YEARS,
OCCUPATION: SAHARA FIELD WORKER/AGENT
(CODE 220410602) 543 RAILWAY CROSSING
VIVEKANAND WARD, SEONI (MADHYA
PRADESH)
2. DINESH KUMAR S/O GHANSHYAM SINGH,
AGED ABOUT 36 YEARS, OCCUPATION: SAHARA
FIELD WORKER/AGENT(CODE 220411998) R/O
SARASWATI PRAGYA MANDIR SCHOOL,
VIVEKANAND, SEONI (MADHYA PRADESH)
3. BULAKHI RAM S/O PARMANAND SAHU, AGED
ABOUT 43 YEARS, OCCUPATION: SAHARA FIELD
WORKER/AGENT(CODE 220413031 R/O KHAIRI
,SEONI (MADHYA PRADESH)
4. TEERANDAS SAHPURIYA S/O RAMDAS
SAHPURIYA, AGED ABOUT 49 YEARS,
OCCUPATION: SAHARA FIELD
WORKER/AGENT(CODE 220412982) R/O GRAM
AMGAON, KURAI, BASTI TOLA (MADHYA
PRADESH)
5. TEK CHAND SANODIYA S/O GOVIND PRASAD,
AGED ABOUT 50 YEARS, OCCUPATION: SAHARA
FIELD WORKER/AGENT(CODE 220413832) R/O
KHAIRI ,SEONI (MADHYA PRADESH)
6. AJAY KUSHWAHA S/O SUNDERLAL KUSHWAHA,
AGED ABOUT 52 YEARS, OCCUPATION: SAHARA
FIELD WORKER/AGENT(CODE 220411097) R/O
ABHISHEK COLONY, SEONI (MADHYA
PRADESH)
Signature Not Verified
7. AJAY S/O BADGULAL SAHU, AGED ABOUT 34
SAN
Digitally signed by TRUPTI GUNJAL
Y E A R S , OCCUPATION: SAHARA FIELD
Date: 2022.09.03 15:27:45 IST
WO R K E R / A G E N T ( C O D E 220413447) R/O
PATELMOHALLA, BAMODI,SEONI (MADHYA
2
PRADESH)
8. KHILADI RAM SAHU S/O SEHTAR LAL SAHU,
AGED ABOUT 45 YEARS, OCCUPATION: SAHARA
FIELD WORKER/AGENT(CODE 220411357) R/O
JANATA NAGAR, BORDAI, SEONI (MADHYA
PRADESH)
9. SANTOSHI SANODIYA D/O RAMESH KUMAR,
AGED ABOUT 41 YEARS, OCCUPATION: SAHARA
FIELD WORKER/AGENT(CODE 220413222) R/O
DADU SAHAB KA BAGICHA, KASTURBA WARD,
SEONI (MADHYA PRADESH)
10. KAILASH THAKUR S/O VISHNU PRASAD
THAKUR, AGED ABOUT 42 YEARS,
OCCUPATION: SAHARA FIELD
WORKER/AGENT(CODE 220413767) R/O GRAM
PALARI CHOURAHA, KANHIWADA, SEONI
(MADHYA PRADESH)
11. MOHAMMAD HANEEF QURESHI S/O SHEKH
RAFEEK QURESHI, AGED ABOUT 43 YEARS,
OCCUPATION: SAHARA FIELD
WORKER/AGENT(CODE 220410841) R/O HADI
GODAM, KGN COLONY, SEONI (MADHYA
PRADESH)
12. JYOTI SANODIYA W/O KAPIL SANODIYA, AGED
ABOUT 39 YEARS, OCCUPATION: SAHARA FIELD
W O R K E R / A G E N T ( C O D E 220414515 R/O
CHHINDWARA NAKA GANGA NAGAR, SEONI
(MADHYA PRADESH)
13. MAHENDRA KUMAR SANODIYA S/O THAN
SINGH, AGED ABOUT 41 YEARS, OCCUPATION:
SAHARA FIELD WORKER/AGENT(CODE
220411945) R/O MARJHOR , SEONI (MADHYA
PRADESH)
14. OMKAR PRASAD SANODIYA S/O BHARATLAL,
AGED ABOUT 44 YEARS, OCCUPATION: SAHARA
FIELD WORKER/AGENT(CODE 220411403) R/O
AMBEDKER WARD, SEONI (MADHYA PRADESH)
15. SHEKH NAJEEM ANSARI S/O SHEKH VAHID
ANSARI, AGED ABOUT 48 YEARS, OCCUPATION:
Signature Not Verified SAHARA FIELD WORKER/AGENT(CODE
220411807) R/O HADDI GODAM, KGN COLONY,
SAN
Digitally signed by TRUPTI GUNJAL
SEONI (MADHYA PRADESH)
Date: 2022.09.03 15:27:45 IST
3
16. SUNIL KUMAR SANODIYA S/O RAMBHAROSE
SANODIYA, AGED ABOUT 40 YEARS,
OCCUPATION: SAHARA FIELD
WORKER/AGENT(CODE 220411567) R/O MANDIR
MOHALLA, KATALBODI, SEONI (MADHYA
PRADESH)
17. MUKESH BANDEWAR S/O BALKRISHNA
BANDEWAR, AGED ABOUT 40 YEARS,
OCCUPATION: SAHARA FIELD
WO R K E R / A G E N T ( C O D E 220412353) R/O
AMBEDKAR WARD,LALMATIYA, SEONI
(MADHYA PRADESH)
18. UMESH KUMAR S/O NEMI CHAND
SONKESHARIYA, AGED ABOUT 57 YEARS,
OCCUPATION: SAHARA FIELD
WORKER/AGENT(CODE 220410716) R/O NEAR
CHANDALOK BHAWAN, MUGWANI (MADHYA
PRADESH)
19. RAJKUMAR JABGRE S/O LAKHANLAL
JHANGRE, AGED ABOUT 51 YEARS,
OCCUPATION: SAHARA FIELD
WORKER/AGENT(CODE 220410732) R/O JANTA
NAGAR, KATANGI ROAD, SEONI (MADHYA
PRADESH)
20. AWADHESH KUMAR MISHRA S/O GANESH
PRASAD, AGED ABOUT 39 YEARS, OCCUPATION:
SAHARA FIELD WORKER/AGENT(CODE
220413922 R/O DURGA CHOWK, ASHOK WARD,
SEONI (MADHYA PRADESH)
21. JAGDEESZILA PANCHAYAT SHAHDOLH
PRASAD KASHYAP S/O KAILASH KASHYAP,
AGED ABOUT 40 YEARS, OCCUPATION: SAHARA
FIELD WORKER/AGENT(CODE 220411909) R/O
AMBEDKAR WARD, SEONI (MADHYA
PRADESH)
22. YASHODHRA SADAFAL W/O MUKESH SADAFAL,
AGED ABOUT 43 YEARS, OCCUPATION: SAHARA
FIELD WORKER/AGENT(CODE 220411883) R/O
PG COLLEGE ROAD, SEONI (MADHYA
PRADESH)
23. AJAY KUMAR BHATT S/O BEERBAL BHATT,
Signature Not Verified
AGED ABOUT 39 YEARS, OCCUPATION: SAHARA
FIELD WORKER/AGENT(CODE 220412760) R/O
SAN
Digitally signed by TRUPTI GUNJAL
SHIV NAGAR COLONY, MARJHOR (MADHYA
Date: 2022.09.03 15:27:45 IST
PRADESH)
4
.....PETITIONERS
(BY SHRI ANKIT MISHRA- ADVOCATE )
AND
1. UNION OF INDIA THROUGH ADDITIONAL
SECRETARY AND CENTRAL REGISTRAR
COOPERATIVE SOCIETIES DEPARTMENT OF
AGRICULTURE COOPERATION AND FARMERS
WELFARE MINISTRY OF AGRICULTURE AND
FARMERS WELFARE KRISHI BHAWAN, NEW
DELHI (DELHI)
2. STATE OF MADHYA PRADESH, THROUGH
SECRETARY CHIEF MINISTER OFFICE, ARERA
HILLS, JAHANGIRABAD, BHOPAL (MADHYA
PRADESH)
3. C O L L E C T O R , S E O N I DISTRICT-SEONI(MP)
(MADHYA PRADESH)
4. SUPERINTENDANT OF POLICE, SEONI
DISTRICT-SEONI(MP) (MADHYA PRADESH)
5. SAHARA INDIA PARIWAR, THROUGH SUBRATA
ROY, MANAGING WORKER AND CHAIRMAN
SAHARA BHAWAN, KAPOORTHALA COMPLEX,
ALIGARH, LUCKNOW (UTTAR PRADESH)
6. SECTOR OFFICE SAHARA INDIA, THROUGH
SECTOR HEAD, ANURAG PLAZA, MAHAVEER
MADIYA, GN ROAD, SEONI (MADHYA
PRADESH)
7. SAHARA CREDIT COOPERATIVE SOCIETY LTD.
THROUGH MANAGING DIRECTOR
REGISTERED OFFICE SAHARA INDIA BHAWAN
1 KAPURTHALA COMPLEX ALIGANJ LUCKNOW
(UTTAR PRADESH)
8. STARS MULTIPURPOSE COOPERATIVE SOCIETY
LIM ITED , THROUGH MANAGING DIRECTOR
REGISTERD OFFICE 3RD FLOOR , DOOR NO 5-9-
15, OPP. A.P. SECRETARIAT, SAIFABAD,
HYDERABAD (TELANGANA)
Signature Not Verified
SAN .....RESPONDENTS
Digitally signed by TRUPTI GUNJAL
Date: 2022.09.03 15:27:45 IST (BY SHRI PUSHPENDRA YADAV-ASSISTANT SOLICITOR
GENERAL FOR RESPONDENT NO.1 & SHRI DILIP PARIHAR-
5
PANEL LAWYER FOR RESPONDENT NOS.2 TO 4 & SHRI AKASH
CHOUDHARY- ADVOCATE FOR RESPONDENT NOS.5 TO 8 )
This petition coming on for admission this day, th e court passed the
following:
ORDER
Petitioners, who are 23 in number, have filed this petition u/Art. 226 of the Constitution praying for following reliefs :-
( i ) To direct the respondent No.1 to act upon the representations of the petitioners within a limited time frame and to initiate inquiry against the Respondent no.7 & 8 as prescribed under the Multi-State Co-operative Society Act, 2002 and to ensure that all payment which is due shall be paid as soon as possible to the investors/creditors.
(ii) To direct the Respondent no.1 to Respondent No.4, to act upon the representations of the petitioners with in a limited time frame and to initiate an investigation into the whole matter and finish it in a time bound manner and also to attach all properties, both movable and immovable, of the private respondents within their jurisdictional authority so as to make the money of investors/creditors more secure.
(iii) To direct the private respondents to return the amount of the investors/creditors which has already reached its maturity date along with the interest on delayed payment.
(iv) To pass such other orders as it may deem fit under the Signature Not Verified SAN circumstances of the case including orders as to the cost of Digitally signed by TRUPTI GUNJAL this writ petition."Date: 2022.09.03 15:27:45 IST 6
P e t i t i o n e r s claiming themselves to be field
workers/agents/investors/creditors of Central Co-operative Societies i.e.
respondent Nos.5 to 8 registered under the Multi-State Co-operative Societies Act, 2002 ("the Act of 2002" for brevity) before this Court raising grievance that in the capacity as depositors, they tendered certain deposits with the respondent-societies No.5 to 8 with the assurance that they will get back maturity amount in multiplied form, but to no avail.
Various complaints have been made by the petitioners to the Central Registrar, some of which have been filed cumulatively as Annexure-P/3, but these have not invoked any response.
The Act of 2002 provides for an inquiry to be conducted by the Central Registrar under Section 78 on the request made by the mother cooperative society or creditor or not less than one-third of the members or not less than one-fifth of the total number of members of the Multi-State Cooperative Societies into any dispute which relates to the constitution, working and financial condition of the society.
Another avenue in the shape of Section 84 is created by the Act of 2002 for settlement of disputes which pertains to all disputes except service dispute touching the subject of constitution, management or business of the Multi-State Cooperative Societies. The only difference between Section 78 and 84 appears to be that Section 84 is adjudicatory in nature while Section 78 is predominantly administrative.
After hearing learned counsel for rival parties and perusing the documents Signature Not Verified SAN on record, it is obvious that the dispute raised by the petitioners relates to the Digitally signed by TRUPTI GUNJAL subject matter of the management and business of the society, therefore, needs Date: 2022.09.03 15:27:45 IST to be looked into by the Central Registrar.
7Accordingly, this Court declines to interfere on merits and disposes of this petition with following directions:-
(i) If petitioners prefer fresh representation along with all r e l e v a nt documents and copy of this order to the respondents/competent authority within a period of 30 days from the date of passing of this order, then the said Authority shall consider and decide the same in accordance with law by passing a speaking order within a further period of 60 days and communicate the outcome to petitioner as expeditiously as possible.
(ii) It is needless to emphasize that in case the petitioners' grievance is found to be genuine, then the relief due in accordance with law be afforded to them without compelling them to revisit the Court.
(S. A. DHARMADHIKARI) JUDGE TG /-
Signature Not Verified SAN Digitally signed by TRUPTI GUNJAL Date: 2022.09.03 15:27:45 IST