Madhya Pradesh High Court
Rohit Kumar Sanodiya vs Union Of India on 20 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 20 th OF JUNE, 2023
WRIT PETITION No. 11646 of 2023
BETWEEN:-
1. ROHIT KUMAR SANODIYA S/O SRI HARI PRASAD
SANODIYA, AGED ABOUT 37 YEARS,
OCCUPATION: SAHARA FEILD WORKER/ AGENT
R/O H N 17 KASTURBA WARD SEONI (MADHYA
PRADESH)
2. SANDEEP GUPTA S/O SHRI VIJAY BAHADUR
GUPTA, AGED ABOUT 51 YEARS, OCCUPATION:
SAHARA FIELF WORKER/AGENT CODE 220410078
R/O 2 SAMTA NAGAR HOUSING BOARD COLONY
AKBAR WARD BARAPATHER SEONI (MADHYA
PRADESH)
3. MRS SUSHMA SHUKLA W/O SHRI DEVENDRA
SHUKLA, AGED ABOUT 51 YEARS, OCCUPATION:
SAHARA FIELF WORKER/AGENT CODE 220400006
R/O LLB CHOWK WARD SEONI (MADHYA
PRADESH)
4. RAKESH KUMAR DUBEY S/O SHRI RAMKRIPAL
DUBEY, AGED ABOUT 44 YEARS, OCCUPATION:
SAHARA FIELF WORKER/AGENT CODE 220411959
R/O TILAK WARD BAHAI MOHALLA RAILWAY
STATION (MADHYA PRADESH)
5. SMT. A CHOURASIYA W/O SHRI RAJESH
CHOURASIYA, AGED ABOUT 57 YEARS,
OCCUPATION: SAHARA FIELF WORKER/AGENT
CODE 220410651 R/O TILAK WARD NAGPUR ROAD
SAI MANDIR KE PASS SEONI (MADHYA PRADESH)
6. PRAKASH KASHYAP S/O SHRI SALLULAL
KASHYAP, AGED ABOUT 48 YEARS, OCCUPATION:
SAHARA FIELF WORKER/AGENT CODE 220410150
R/O AZAD WARD MUSKAN TENT HOUSE SEONI
Signature Not Verified
SAN (MADHYA PRADESH)
Digitally signed by KOUSHALENDRA
SHARAN SHUKLA
Date: 2023.06.26 19:56:58 IST
7. OMPRAKASHSANODIYA S/O SHRI SANTOSH
KUMAR SANODIYA, AGED ABOUT 29 YEARS,
2
OCCUPATION: SAHARA FIELF WORKER/AGENT
CODE 220414362 R/O GRAM BANGHODI POST
FULARA THANA LAKHNWADA SEONI (MADHYA
PRADESH)
8. SANDEEP AWADHIYA S/O SHRI MANOHAR LAL
AWADHIYA, AGED ABOUT 44 YEARS,
OCCUPATION: SAHARA FIELF WORKER/AGENT
CODE 220411954 R/O MUKAM POST GOPALGANJ
GOLIMOHALLA POLICE CHOUKIKE SAMANE
THANA LAKHNWADA GOPALGANJ (MADHYA
PRADESH)
9. DINESH KUMAR SAHU S/O SHRI HARIPRASAD
SAHU, AGED ABOUT 44 YEARS, OCCUPATION:
SAHARA FIELF WORKER/AGENT CODE 220410940
R/O BEHIND SAI DAL MILL RANIDURGWARI
WARD SEONI (MADHYA PRADESH)
10. SMT. ANJANA CHOURASIYA W/O SHRI
RAJENDRA CHOURASIYA, AGED ABOUT 50
Y E A R S , OCCUPATION: SAHARA FIELF
WORKER/AGENT CODE 220411206 R/O ASHOK
TAKI KE PASS GURUNAK WARD SEONI (MADHYA
PRADESH)
11. CHHATARSINGH RAJPUT S/O SHRI RAMRATAN
SINGH RAJPUT, AGED ABOUT 49 YEARS,
OCCUPATION: SAHARA FIELF WORKER/AGENT
CODE 220410594 R/O DWARKA NAGAR GALI NO.2
KIDWAI WARD SEONI (MADHYA PRADESH)
12. ASHA SANOSIYA D/O SHRI JAMANPRASAD
SANODIYA, AGED ABOUT 67 YEARS,
OCCUPATION: SAHARA FIELF WORKER/AGENT
CODE 220413169 R/O BARGHAT ROAD KABIR
WARD CHHIDIYA PALARI (MADHYA PRADESH)
13. PRADEEP THAKUR S/O SRIMAN UTPANN SINGH
THAKUR, AGED ABOUT 44 YEARS, OCCUPATION:
SAHARA FIELF WORKER/AGENT CODE 220414385
R/O PINDKAPAR BAZAR ROAD KURAI SEONI
(MADHYA PRADESH)
14. SHARADA GUPTA W/O SHRI KISHOR KUMAR
GUPTA, AGED ABOUT 58 YEARS, OCCUPATION:
SAHARA FIELF WORKER/AGENT CODE 220411988
Signature Not Verified
R/O RAMNAGAR BASTI BARGHAT ROAD
SAN
TAIGOUR WARD SEONI (MADHYA PRADESH)
Digitally signed by KOUSHALENDRA
SHARAN SHUKLA
Date: 2023.06.26 19:56:58 IST 15. SMT. ASHA RAJPAL W/O SHRI BHAGWAT
PRASAD, AGED ABOUT 52 YEARS, OCCUPATION:
3
SAHARA FIELF WORKER/AGENT CODE 220411162
R/O STATE COLONY JYARAT NAKA AKBAR WARD
SEONI (MADHYA PRADESH)
16. K.SANODIYA W/O SHRI RAMNANDAN SANODIYA,
AGED ABOUT 60 YEARS, OCCUPATION: SAHARA
FIELF WORKER/AGENT CODE 220410919 KIDWAI
WARD DWARKA NAGAR AMBIKA COLONY SEONI
(MADHYA PRADESH)
17. LALITA SANODIYA W/O SHRI KHARAK SINGH,
AGED ABOUT 52 YEARS, OCCUPATION: SAHARA
FIELF WORKER/AGENT CODE 220410931 R/O 17
CHANCHAL BHAWAN LAL MATIYA
MANGALIPETH SEONI (MADHYA PRADESH)
18. SMT. MEENA GOLHANI W/O SHRI RAJENDRA
GOHALANI, AGED ABOUT 61 YEARS,
OCCUPATION: SAHARA FIELF WORKER/AGENT
CODE 220412233 R/O SP BANGALA KE PICHHE
BABU JI NAGAR BARAPATHER SEONI (MADHYA
PRADESH)
19. PRITI JOSEPH W/O PATRICK JOSEPH, AGED
ABOUT 61 YEARS, OCCUPATION: SAHARA FIELF
WORKER/AGENT CODE 220412518 R/O GANJ
MOHALLA RANIDURGWATI WARD SEONI
(MADHYA PRADESH)
20. MANJU SANODIYA W/O SHRI RAMNANDAN
SANODIYA, AGED ABOUT 38 YEARS,
OCCUPATION: SAHARA FIELF WORKER/AGENT
CODE 220414191 R/O GRAM KARHAIYA POST
KARIRAT SEONI (MADHYA PRADESH)
21. BHARATLAL CHOURASIYA S/O TEEKARAM
CHOURASIA, AGED ABOUT 47 YEARS,
OCCUPATION: SAHARA FIELF WORKER/AGENT
CODE 220411798 R/O GRAM POST AMAGAD THE
BARGHAT THANA ARI SEONI (MADHYA
PRADESH)
22. DHARMENDRA TIWARI S/O SHRI DOLAT PRASAD
TIWARI, AGED ABOUT 36 YEARS, OCCUPATION:
SAHARA FIELF WORKER/AGENT CODE 220412802
R/O MAHAKALESWAR NAGAR GRAM BORDAI
DISTRICT (MADHYA PRADESH)
Signature Not Verified
SAN
23. SARDAR SINGH BAGHEL S/O SHRI KAMALSINGH,
Digitally signed by KOUSHALENDRA
SHARAN SHUKLA
AGED ABOUT 45 YEARS, OCCUPATION: SAHARA
Date: 2023.06.26 19:56:58 IST
FIELF WORKER/AGENT CODE 220412902 R/O
4
GRAM KHULA POST BANDOL (MADHYA
PRADESH)
24. RAJESH KASHYAP S/O SHRI RAGHUNATH
KASHYAP, AGED ABOUT 36 YEARS, OCCUPATION:
SAHARA FIELF WORKER/AGENT CODE 220412968
R/O SEEPCHAND KA BADA DADU MOHALLA
AZAD WARD (MADHYA PRADESH)
25. SHIV KASHYAP S/O SHRI RAGHUNATH KASHYAP,
AGED ABOUT 56 YEARS, OCCUPATION: SAHARA
FIELF WORKER/AGENT CODE 220410002 R/O
DEEPCHAND KA BADA DADU MOHALLA AZAD
WARD (MADHYA PRADESH)
26. NEERAJ KUMAR KASHYAP S/O SHRI SOHAN LAL
KASHYAP, AGED ABOUT 31 YEARS, OCCUPATION:
SAHARA FIELF WORKER/AGENT CODE 220412830
R/O DADU MOHALLA DIMARI MOHALLA CHOWK
AZAD WARD SEONI (MADHYA PRADESH)
27. NARAYAN PRASAD VISHWAKARMA S/O SHRI
RAM VISHRAM VISHWAKARMA, AGED ABOUT 55
Y E A R S , OCCUPATION: SAHARA FIELF
WORKER/AGENT CODE 220414070 R/O GANESH
MANDIR KE PASS PARTHVIRAJ CHOUHAN WARD
SEONI (MADHYA PRADESH)
28. SHYAM KUMAR SANODIYA S/O SHRI
RAMPRASAD SANODIYA, AGED ABOUT 40 YEARS,
OCCUPATION: SAHARA FIELF WORKER/AGENT
CODE 220413828 R/O KUMA POST SILLUR TEHSIL
KURAI SEONI (MADHYA PRADESH)
29. VINOD SEN S/O SHRI JAGDISH SEN, AGED ABOUT
40 YEARS, OCCUPATION: SAHARA FIELF
WORKER/AGENT CODE 220412262 R/O 29
MANGLIPETH AMBEDKAR WARD SAKAR CITY
(MADHYA PRADESH)
30. RAVI GAHLOD S/O SHRI BENIRAM GAHLOD,
AGED ABOUT 45 YEARS, OCCUPATION: SAHARA
FIELF WORKER/AGENT CODE 220412936 R/O
GRAM PINDRAI POST BAMHODI SEONI (MADHYA
PRADESH)
31. VEDNARAYAN AGARE S/O SHRI KARAN SINGH
Signature Not Verified
SAN
AGARE, AGED ABOUT 54 YEARS, OCCUPATION:
SAHARA FIELF WORKER/AGENT CODE 220400097
Digitally signed by KOUSHALENDRA
R/O VIVEKANAND WARD JAISWAL COLONY
SHARAN SHUKLA
Date: 2023.06.26 19:56:58 IST (MADHYA PRADESH)
5
.....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
HILS MP NAGAR JAHANGIRABAD BHOPAL
(MADHYA PRADESH)
3. COLLECTOR SEON I DISTRICT SEONI (MADHYA
PRADESH)
4. SUPERINTENDANT OF POLICE SEONI DISTRICT
SEONI (MADHYA PRADESH)
5. SAHARA INDIA PARIWAR THROUGH SUBRATA
ROY MANAGING WORKER AND CHAIRMAN
SAHARA INDIA BHAWAN KAPOORTHALA
COMPLEX ALIGANJ 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
LIMITED THROUGH MANAGING DIRECTOR
REGISTERED OFFICE 3RD FLOOR DOOR NO. 5-9
15 OPP. A.P. SECRETARIAT SAIFABAD
(TELANGANA)
.....RESPONDENTS
Signature Not Verified
SAN
Digitally signed by KOUSHALENDRA
(RESPONDENT NO.1 BY SHRI H.S. RAJPUT AND RESPONDENTS/STATE
SHARAN SHUKLA
Date: 2023.06.26 19:56:58 IST BY SHRI A.K. SHARMA - GOVERNMENT ADVOCATE )
6
This petition coming on for admission this day, th e court passed the
following:
ORDER
Petitioners, who are 31 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.7 & 8 as prescribed under the Multi State Cooperative Society Act, 2002 and to ensure that all payment which is due shall be paid as soon as possible to the investors/creditors.
(b) To direct the respondent No.1 to Respondents 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.
(c) 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.
(d) To pass such other orders as it may dem fit under the Signature Not Verified circumstances of the case including orders as to the cost of this writ SAN Digitally signed by KOUSHALENDRA petition."SHARAN SHUKLA Date: 2023.06.26 19:56:58 IST 7
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 7 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 Signature Not Verified SAN subject matter of the management and business of the society, therefore, needs Digitally signed by KOUSHALENDRA to be looked into by the Central Registrar.
SHARAN SHUKLA Date: 2023.06.26 19:56:58 ISTAccordingly, this Court declines to interfere on merits and disposes of 8 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 a speaking order within a further period of 60 days and communicate the outcome to petitioners 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 ks Signature Not Verified SAN Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2023.06.26 19:56:58 IST