Madhya Pradesh High Court
Mathra Prasad Kushwaha vs Union Of India on 14 June, 2023
Author: Vivek Agarwal
Bench: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 14 th OF JUNE, 2023
WRIT PETITION No. 5116 of 2023
BETWEEN:-
1. MATHRA PRASAD KUSHWAHA S/O SHYAM LAL
KUSHWAHA, AGED ABOUT 51 YEARS,
OCCUPATION: SAHARA FIELD WORKER / AGENT
(EMPLOYEE DODE 152910538) WARD NO. 8 DEVIJI
MOHALLA BIJAWAR CHHATAPUR (MADHYA
PRADESH)
2. BALKISHUN PATEL S/O MUNNILAL PATEL, AGED
ABOUT 42 YEARS, OCCUPATION: SAHARA FIELD
WORKER / AGENT (EMPLOYEE CODE 152911471)
R/O GRAM JHAMTULI, TEHSIL RAJNAGAR,
CHHATARPUR (MADHYA PRADESH)
3. CHHOTELAL KUSHWAHA S/O JALI KUSHWAHA,
AGED ABOUT 52 YEARS, OCCUPATION: SAHARA
FIELD WORKER / AGENT (EMPLOYEE CODE
73210002) R/O WARD NO.11, GRAM MAHUAJHALA,
BIJAWAR, CHHATARPUR (MADHYA PRADESH)
4. CHINTAMAN KUSHWAHA S/O KISHORI
KUSHWAHA, AGED ABOUT 50 YEARS,
OCCUPATION: SAHARA FIELD WORKER / AGENT
(EMPLOYEE CODE 152911940) R/O WARD NO.5
ALIGANJ MUHALLA, BIJAWAR, CHHATARPUR
(MADHYA PRADESH)
5. DASHRATH PRAJAPATI S/O DHANIRAM
PRAJAPATI, AGED ABOUT 35 YEARS,
OCCUPATION: SAHARA FIELD WORKER / AGENT
(EMPLOYEE CODE 152913413) R/O WARD NO.7,
RATANGANJ MUHALLA BIJAWAR, CHHATARPUR
(MADHYA PRADESH)
6. HAJRA BEGUM W/O SHEKH ABDUL, AGED ABOUT
42 YEARS, OCCUPATION: SAHARA FIELD
WORKER / AGENT (EMPLOYEE CODE 732110097)
R/O WARD 2, CHAKKAR KI SADAK, BIJAWAR
CHHATARPUR (MADHYA PRADESH)
Signature Not Verified
Signed by: AMIT JAIN
Signing time:
6/14/2023 7:29:00 PM
2
7. HEMANT SONI S/O MOOLCHAND SONI, AGED
ABOUT 44 YEARS, OCCUPATION: SAHARA FIELD
WORKER / AGENT (EMPLOYEE CODE 152914151)
R/O WARD NO.8, DEVJI MUHALLA, BIJAWAR,
CHHATARPUR (MADHYA PRADESH)
8. JARIPH KHAN S/O RAMJAN KHAN, AGED ABOUT
50 YEARS, OCCUPATION: SAHARA FIELD
WORKER / AGENT (EMPLOYEE CODE 152910996)
R/O WARD NO.4, ALIGANJ MUHALLA, BIJAWAR,
CHHATARPUR (MADHYA PRADESH)
9. KALICHARAN SEN S/O GOKAL PRASAD, AGED
ABOUT 46 YEARS, OCCUPATION: SAHARA FIELD
WORKER / AGENT (EMPLOYEE CODE 732110187)
R/O WARD 15, MOHANGANJ MOHALLA,
BIJAWAR, CHHATARPUR (MADHYA PRADESH)
10. KANHAIYA LAL PAL S/O LACCHU PAL, AGED
ABOUT 50 YEARS, OCCUPATION: SAHARA FIELD
WORKER / AGENT (EMPLOYEE CODE 152913255)
R/O WARD NO.9, RATANGANJ MOHALLA,
BIJAWAR, CHHATARPUR (MADHYA PRADESH)
11. LAKHAN LAL PATEL S/O RAMKISHUN PATEL,
AGED ABOUT 44 YEARS, OCCUPATION: SAHARA
FIELD WORKER / AGENT (EMPLOYEE CODE
152911462) R/O GRAM JHAMTULI, TEHSIL
RAJNAGAR, CHHATARPUR (MADHYA PRADESH)
12. AKHLESH MOURYA S/O SHAYAM LAL MOURYA,
AGED ABOUT 34 YEARS, OCCUPATION: SAHARA
FIELD WORKER / AGENT (EMPLOYEE CODE
732110065) R/O WARD NO.8 DEVIJI MUHALLA,
BIJAWAR, CHHATARPUR (MADHYA PRADESH)
13. MAHESH PRASAD PUSHPAD S/O KAMTA
PUSHPAD, AGED ABOUT 46 YEARS, OCCUPATION:
SAHARA FIELD WORKER / AGENT (EMPLOYEE
CODE 152911024) R/O WARD NO.14, PATHAN
MOHALLA, BIJAWAR CHHATARPUR (MADHYA
PRADESH)
14. OM PRAKASH PRAJAPATI S/O NATTHU
PRAJAPATI, AGED ABOUT 49 YEARS,
OCCUPATION: SAHARA FIELD WORKER / AGENT
(EMPLOYEE CODE 152914229) R/O WARD 16,
GRAM NAYATAL BIJAWAR CHHATARPUR
(MADHYA PRADESH)
15. POONAM PUSHPAD D/O MAHESH PRASAD
PUSHPAD, AGED ABOUT 38 YEARS, OCCUPATION:
Signature Not Verified
Signed by: AMIT JAIN
Signing time:
6/14/2023 7:29:00 PM
3
SAHARA FIELD WORKER / AGENT (EMPLOYEE
CODE 732110025) R/O WARD 14, PATHAN
MOHALLA, BIJAWAR CHHATARPUR (MADHYA
PRADESH)
16. PRIYANKA SHARMA D/O SHOBHARAM SHARMA,
AGED ABOUT 24 YEARS, OCCUPATION: SAHARA
FIELD WORKER / AGENT (EMPLOYEE CODE
732110293) R/O WARD 1, RENJ KE PASS, BIJAWAR,
CHHATARPUR (MADHYA PRADESH)
17. RAJENDRA MISHRA S/O PARMANAND MISHRA,
AGED ABOUT 36 YEARS, OCCUPATION: SAHARA
FIELD WORKER / AGENT (EMPLOYEE CODE
732110057) R/O WARD 11, RATANGANJ MOHALLA,
BIJAWAR, CHHATARPUR (MADHYA PRADESH)
18. RAJU KUSHWAHA S/O RAMLAL KUSHWAHA,
AGED ABOUT 42 YEARS, OCCUPATION: SAHARA
FIELD WORKER / AGENT (EMPLOYEE CODE
73211004) R/O WARD 1, PETROL PUMP KE PAAS,
BIJAWAR, CHHATARPUR (MADHYA PRADESH)
19. RAM KUMAR PRAJAPATI S/O GHASIRAM
PRAJAPATI, AGED ABOUT 34 YEARS,
OCCUPATION: SAHARA FIELD WORKER / AGENT
(EMPLOYEE CODE 732110136) R/O WARD 8.
RATANGANJ MOHALLA, BIJAWAR, CHHATARPUR
(MADHYA PRADESH)
20. RAM PRASAD AHIRWAR S/O SARMAN AHIRWAR,
AGED ABOUT 39 YEARS, OCCUPATION: SAHARA
FIELD WORKER / AGENT (EMPLOYEE CODE
152914133) R/O WARD 2, KAILASH NAGAR,
BIJAWAR, CHHATARPUR (MADHYA PRADESH)
21. SALMA BEGUM D/O GULAB KHAN, AGED ABOUT
41 YEARS, OCCUPATION: SAHARA FIELD
WORKER / AGENT (EMPLOYEE CODE 732110100)
R/O WARD 5, ALIGANJ MOHALLA, BIJAWAR,
CHHATARPUR (MADHYA PRADESH)
22. SHEKH ABDUL S/O SHEKH SULTAN, AGED ABOUT
52 YEARS, OCCUPATION: SAHARA FIELD
WORKER / AGENT (EMPLOYEE CODE 152910997)
R/O WARD 2, CHAKKAR KI SADAK, BIJAWAR
CHHATARPUR (MADHYA PRADESH)
23. SHOBHARAM SHARMA S/O TULSI RAM SHARMA,
AGED ABOUT 53 YEARS, OCCUPATION: SAHARA
FIELD WORKER / AGENT (EMPLOYEE CODE
Signature Not Verified
Signed by: AMIT JAIN
Signing time:
6/14/2023 7:29:00 PM
4
152911924) R/O WARD 1, RENJ KE PASS, BIJAWAR,
CHHATARPUR (MADHYA PRADESH)
24. SOHAN LAL KUSHWAHA S/O UMRAV KUSHWAHA,
AGED ABOUT 39 YEARS, OCCUPATION: SAHARA
FIELD WORKER / AGENT (EMPLOYEE CODE
152912858) R/O WARD 9, GRAM MAHUAJHALA,
BIJAWAR, CHHATARPUR (MADHYA PRADESH)
25. SUMAN AWASTHI W/O ASHOK KUMAR AWASTHI,
AGED ABOUT 60 YEARS, OCCUPATION: SAHARA
FIELD WORKER / AGENT (EMPLOYEE CODE
152913828) R/O WARD 13, MOHANGANJ
MOHALLA, BIJAWAR CHHATARPUR (MADHYA
PRADESH)
26. USHA DEVI KUSHWAHA W/O MATHRA PRASAD
KUSHWAHA, AGED ABOUT 44 YEARS,
OCCUPATION: SAHARA FIELD WORKER / AGENT
(EMPLOYEE CODE 732110192) R/O WARD 8, DEVIJI
MOHALLA, BIJAWAR CHHATARPUR (MADHYA
PRADESH)
.....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. UNION OF INDIA THROUGH SECRETARY,
MINISTRY OF CORPORATE AFFAIRS A WING,
SHASTRI BHAWAN, RAJENDRA PRASAD ROAD,
NEW DELHI (DELHI)
3. STATE OF MADHYA PRADESH THROUGH
SECRETARY, CHIEF MINISTER OFFICE ARERA
HILLS, M.P. NAGAR JAHANGIRABAD BHOPAL
(MADHYA PRADESH)
4. COLLECTOR CHHATARPUR DISTRICT
CHHATARPUR (MADHYA PRADESH)
5. SUPERINTENDENT OF POLICE, CHHATARPUR
DISTRICT CHHATARPUR (MADHYA PRADESH)
Signature Not Verified
Signed by: AMIT JAIN
Signing time:
6/14/2023 7:29:00 PM
5
6. SAHARA INDIA PARIWAR THROUGH SUBRATA
ROY, MANAGING WORKER AND CHAIRMAN
SAHARA INDIA BHAWAN, KAPOORTHALA
COMPLEX, ALIGANJ, LUCKNOW (UTTAR
PRADESH)
7. REGIONAL OFFICE SAHARA INDIA THROUGH
REGIONAL WORKER NEAR GANESH MANDIR,
BAGOTA, DISTRICT CHHATARPUR (MADHYA
PRADESH)
8. SAHARA CREDIT COOPERATIVE SOCIETY LTD.
THROUGH MANAGING DIRECTOR REGISTERED
OFFICE SAHARA INDIA BHAWAN, 1 KAPURTHALA
COMPLEX, ALIGANJ, LUCKNOW (UTTAR
PRADESH)
9. STARS MULTIPURPOSE COOPERATIVE SOCIETY
LIMITED THROUGH MANAGING DIRECTOR
REGISTERED OFFICE 3RD FLOOR, DOOR NO.5-9-
15 OPP. A.P. SECRETARIAT, SAIFABAD,
HYDERABAD (TELANGANA)
10. SAHARA Q SHOP UNIQUE PRODUCTS RANGE
LIMITED THROUGH DIRECTOR 25-28, FLOOR-2,
PLOT NO. 209, ATIANTA BUILDING, JAMNALAL
BAJAJ MARG, NARIMAN POINT MUMBAI
(MAHARASHTRA)
.....RESPONDENTS
(BY SHRI PUSHPENDRA YADAV - ASSISTANT SOLICITOR GENERAL)
This petition coming on for admission this day, th e court passed the
following:
ORDER
Petitioners, who are 26 in number, have filed this petition under Article 226 of the Constitution praying for following reliefs :-
(a) 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 Nos.8&9 as prescribed under the Multi State Cooperative Society Act, 2002 and to ensure Signature Not Verified Signed by: AMIT JAIN Signing time: 6/14/2023 7:29:00 PM 6 that all payment which is due shall be paid as soon as possible to the investors/creditors.
(b) To direct the respondent No.2 to initiate investigation under the provisions of the Companies Act, 2013 and to ensure that all payment which is due shall be paid as soon as possible to the investors/creditors.
(c) To direct the respondent No.1 and respondent No.5 to act upon the representations of the petitioners within 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 the investors/creditor more secure.
(d) To direct the respondent Nos1 to 5 to ensure the return of money and private respondents to return the amount of investors/creditors which has already reached its maturity date alongwith the interest on delayed payment.
(e) To pass such other orders as it may dem fit under the circumstances of the case including orders as to the cost of this writ petition.
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.7 to 10 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 Signature Not Verified Signed by: AMIT JAIN Signing time: 6/14/2023 7:29:00 PM 7 respondent-societies No.6 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, 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 on record, it is obvious that the dispute raised by the petitioners relates to the subject matter of the management and business of the society, therefore, needs to be looked into by the Central Registrar.
Accordingly, this Court declines to interfere on merits and disposes of this petition with following directions:-
( i ) If petitioners prefer fresh representation along with all relevant 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 Signature Not Verified Signed by: AMIT JAIN Signing time: 6/14/2023 7:29:00 PM 8 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.
(VIVEK AGARWAL) JUDGE amit Signature Not Verified Signed by: AMIT JAIN Signing time: 6/14/2023 7:29:00 PM