Madhya Pradesh High Court
Brajesh Upadhya vs Union Of India on 21 July, 2022
Author: Sheel Nagu
Bench: Sheel Nagu
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SHEEL NAGU
ON THE 21st OF JULY, 2022
WRIT PETITION No. 16774 of 2022
Between:-
1. BRAJESH UPADHYA S/O LATE SHRI R. P.
UPADHYA, AGED ABOUT 47 YEARS,
OCCUPATION: SAHARA FIELD WORKER /
AGENT (CODE 225510168) R/O MAHAVIR WARD
NO. 9 BANDA (BELAI) SAGAR (M.P.)
2. DIVYA TIWARI W/O DINESH TIWARI , AGED
ABOUT 50 YEARS, OCCUPATION: SAHARA FIELD
WORKER/ AGENT (CODE 126200282) R/O WARD
NO.10, BANDA (BELAI) SAGAR (MADHYA
PRADESH)
3. REENA RAI W/O ANIL RAI, AGED ABOUT 39
Y E A R S , OCCUPATION: SAHARA FIELD
WORKER/ AGENT (CODE 225510857) R/O WARD
NO.14, BANDA (BELAI) SAGAR (MADHYA
PRADESH)
4. USHA MISHRA W/O RAVI SHANKAR MISHRA,
AGED ABOUT 50 YEARS, OCCUPATION: SAHARA
FIELD WORKER/ AGENT (CODE 225510041) R/O
DALPATPUR, TEHSIL BANDA, SAGAR (MADHYA
PRADESH)
5. PRAVEEN JAIN S/O PHOOL CHAND JAIN, AGED
ABOUT 48 YEARS, OCCUPATION: SAHARA FIELD
WORKER/ AGENT (CODE 225510868) R/O
DALPATPUR, TEHSIL BANDA, SAGAR (MADHYA
PRADESH)
6. SURENDRA VISHWAKARMA S/O LT. SHRI
NATHURAM VISWAKARMA, AGED ABOUT 35
Y E A R S , OCCUPATION: SAHARA FIELD
WORKER/ AGENT (CODE 225510453) R/O INDRA
PRATHA COLONY, BADA CHAURAHA, BANDA
SAGAR (MADHYA PRADESH)
Signature Not7.Verified SANJAY BHARTI S/O LAXMAN BHARTI , AGED
Signed by: SHIBA
NARAYAN BISWAL
ABOUT 37 YEARS, OCCUPATION: SAHARA FIELD
Signing time: 7/21/2022
6:26:39 PM
WORKER/ AGENT (CODE 225510299) R/O
SANJAY COLONY, BANDA (BELAI) SAGAR
2
(MADHYA PRADESH)
8. GANESH SAHU S/O TULSI RAM SAHU , AGED
ABOUT 43 YEARS, OCCUPATION: SAHARA FIELD
WORKER/ AGENT (CODE 225510950) R/O SHANTI
NAGAR MANDIR, BANDA SAGAR (MADHYA
PRADESH)
9. BHAGAT SINGH RAJPUT S/O BALDEO RAJPUT,
AGED ABOUT 30 YEARS, OCCUPATION: SAHARA
FIELD WORKER/ AGENT (CODE 225510855) R/O
PATHAR MAHAL WARD-II, BANDA SAGAR
(MADHYA PRADESH)
10. RAJARAM SONI S/O BABULAL SONI , AGED
ABOUT 49 YEARS, OCCUPATION: SAHARA FIELD
WORKER/ AGENT (CODE 225510400) R/O
PITHOLI POST, MAGARDHA, TEHSIL BANDA,
SAGAR (MADHYA PRADESH)
11. KEDAR SHRIVASTAV S/O DURGA PRASAD
SHRIVASTAV, AGED ABOUT 49 YEARS,
OCCUPATION: SAHARA FIELD WORKER/
AGENT (CODE 225510226) R/O WARD-II PATHAR
MAHAL, BANDA, (MADHYA PRADESH)
12. KAMLESH RAI S/O RATIRAM RAI, AGED ABOUT
35 YEARS, OCCUPATION: SAHARA FIELD
WORKER/ AGENT (CODE 225510847) R/O BARA
ROAD CHAUKA BHEDU, TEHSIL BANDA, SAGAR
(MADHYA PRADESH)
.....PETITIONER
(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 110001.
2. STATE OF MADHYA PRADESH THROUGH
SECRETARY CHIEF MINISTER OFFICE ARERA
Signature Not Verified
HILLS, M.P.NAGAR JAHANGIRABAD, BHOPAL
Signed by: SHIBA
NARAYAN BISWAL 462008 (MADHYA PRADESH)
Signing time: 7/21/2022
6:26:39 PM
3. C O L L E C T O R S A G A R DISTRICT-SAGAR
3
(MADHYA PRADESH)
4. SUPERINTENDENT OF POLICE, SAGAR
DISTRICT-SAGAR (MADHYA PRADESH)
5. SAHARA INDIA PARIWAR THROUGH SUBRATA
ROY, MANAGING WORKER AND CHAIRMAN
SAHARA INDIA BHAWAN, KAPOORTHALA
COMPLEX, ALIGANJ, LUCKNOW 226024 (UTTAR
PRADESH)
6. SECTOR OFFICE SAHARA INDIA THROUGH
SECTOR HEAD IN FRONT OF PADMAKAR
CHAUKI, RAJAKHEDI, MAKRONIA SAGAR
(MADHYA PRADESH)
7. SAHARA CREDIT COOPERATIVE SOCIETY LTD.
THROUGH MANAGING DIRECTOR
REGISTERED OFFICE SAHARA INDIA BHAWAN,
I 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,
HYDERABAD 500063 (TELANGANA)
9. SAHARA Q SHOP UNIQUE PRODUCTS RANGE
LIMITED THROUGH DIRECTOR 25-28, FLOOR-2
PLOT NO.209, ATLANTA BUILDING, JAMNALAL
BAJAJ MARG, NARIMAN POINT, MUMBAI
400021 (MAHARASHTRA)
.....RESPONDENTS
(BY SHRI PUSHPENDRA YADAV, ASST. SOLICITOR GENERAL)
This petition coming on for admission this day, the court passed the
following:
ORDER
Petitioners, who are 12 in number, have filed this petition u/Art. 226 of the Constitution praying for following reliefs :-
Signature Not Verified(i) To direct the respondent No.1 to act upon the Signed by: SHIBA NARAYAN BISWALrepresentations of the petitioners with in a limited time Signing time: 7/21/2022 6:26:39 PM frame and to initiate inquiry against the respondent Nos.7 & 4 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 Nos.1 to 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 respondent Nos.1 to 4 to ensure the return of money and 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 circumstances of the case including orders as to the cost of this writ petition.
Petitioners 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/2, 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 Signature Not Verified Signed by: SHIBA NARAYAN BISWAL society or creditor or not less than one-third of the members or not less than Signing time: 7/21/2022 6:26:39 PM one-fifth of the total number of members of the Multi-State Cooperative 5 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 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.Signature Not Verified Signed by: SHIBA NARAYAN BISWAL
Signing time: 7/21/2022 (SHEEL NAGU) 6:26:39 PM JUDGE 6 Biswal Signature Not Verified Signed by: SHIBA NARAYAN BISWAL Signing time: 7/21/2022 6:26:39 PM