Madhya Pradesh High Court
Adhikramit ... vs The M.P.State Cooperative Tribunal on 1 December, 2010
W.P.No.4885/2007
Adhikramit Prabandha Samiti/ M.P.State Co-operative Tribunal
Sanchalak Mandal, Bairagarh, Bhopal Bhopal & others
1.12.2010.
Shri Pushpendra Yadav, counsel for petitioner.
Shri Vivek Agarwal, G.A., for respondent nos.1 to 3.
Shri Rajmani Mishra, counsel for respondent no.5. This petition is directed against a judgment dated 22.2.2007 Annexure P-9 by the M.P.State Co-operative Tribunal, Bhopal in case S.A.No.73/2005, by which the Tribunal passed order which reads thus:-
"13. Under the circumstances, it is necessary that the First Appellate Court considers the appreciation of evidence by trial Court and arrives at a definite conclusions in respect of the fact whether the alleged charges pertains to the period of the Committee superseded or not. This apart the findings of the lower court in respect of other charges are also required to be considered by the First Appellate Court to conclude whether the appreciation of evidence in respect of other charges is correct or not.
14. In view of the aforesaid discussion, it is necessary to remand the case to the First Appellate Court with a direction to give specific findings in respect of the ground taken in Memo of Appeal of First Appellate Court in paras-6.14, 6.15, 6.16, 6.17, 6.18 and 6.19.
15. Resultantly the impugned order dated 13-06-2005 passed by Jt. Registrar, Co-operative Societies, Bhopal is set-aside and case is remanded to court of Jt. Registrar with a direction to give specific findings in respect of the grounds taken in Memo of Appeal in paras-6.14, 6.15, 6.16, 6.17, 6.18 and 6.19, after affording opportunity to the contesting parties."
Shri Pushpendra Yadav, learned counsel for petitioner at the outset submitted that the society of petitioner was superseded under section 53(1) of the M.P.Co-operative Societies Act, 1960, 6 years back, because of pendency of the matter a sufficient time has elapsed. The petitioner is ready to comply with the judgment dated W.P.No.4885/2007 Adhikramit Prabandha Samiti/ M.P.State Co-operative Tribunal Sanchalak Mandal, Bairagarh, Bhopal Bhopal & others 22.2.2007 by the Tribunal, however the Joint Registrar, Co-operative Societies, Bhopal may be directed to decide the matter within a period of one month from the date of communication of the order and during this period election process initiated by respondents may be stayed.
Learned counsel appearing for State submitted that he has no objection, in so far as first part of the prayer is concerned, but so far as election is concerned, no direction may be issued as election process will take sufficient time and if it is stayed, it will hamper the co-operative process.
Learned counsel for respondent no.5 submitted that the prayer for staying election programme is pre-mature, as no election programme has been declared till date.
After considering the rival contention of the parties, this petition is finally disposed of with following directions :-
1. The Joint Registrar, Co-operative Societies, Bhopal is directed to hear and decide the First Appeal as per the directions issued by the M.P. State Co-operative Tribunal, Bhopal in S.A.No.73/2005, expeditiously as far as possible, within a period of one month from the date of communication of this order.
2. The Joint Registrar shall extend opportunity of hearing to both the parties and shall make an endeavour to expedite hearing of the matter, as directed in para 1 hereinabove. Both the parties shall co-
operate with the Joint Registrar and shall not take any unnecessary adjournment in the matter.
3. During this period, if the election of the society is proposed, the competent authority may continue with the process, but shall issue election programme immediately after one month from today or decision by the Joint Registrar, in appeal, which ever is earlier.
4. The petitioner shall communicate this order forthwith to the W.P.No.4885/2007 Adhikramit Prabandha Samiti/ M.P.State Co-operative Tribunal Sanchalak Mandal, Bairagarh, Bhopal Bhopal & others Joint Registrar, Co-operative Societies, Bhopal by filing an application in this regard.
No order as to costs.
C.C., as per rules.
(Krishn Kumar Lahoti) (Smt.Sushma Shrivastava)
JUDGE JUDGE
M.