Madhya Pradesh High Court
Ramji Lal vs The State Of Madhya Pradesh Cooperative ... on 10 July, 2015
1
W.P.No.4202/2015 (Ramji Lal Vs. State of MP & ors)
10072015
Shri Raghavendra Dixit, Advocate for the petitioner.
Shri R.B.S.Tomar, Government Advocate for the
respondents No.1, 3 and 4/State.
Shri M.P.S.Raghuvanshi, Advocate for the respondent No.2.
In this writ petition under Article 226/227 of the Constitution of India, petitioner has approached this Court with grievance that in the Primary Agriculture Credit Cooperative Society, Maryadit, Mehra (Amayan), District Bhind, elections serious irregularities are being committed in the matter of filing, scrutiny and acceptance of the nomination papers. It is further submitted that virtually, it is a case of hijacking of the poll and, hence, there is no election at all in the eye of law. The very purpose of elections of the cooperative society is frustrated and the voice of people in democratic pattern of elections as provided under law is strangulated in a highhanded manner. Therefore, it is prayed that an inquiry is required to be done in the alleged process of elections.
At this stage, learned State's counsel has raised a preliminary objection to the effect that under section 80A of the Madhya Pradesh Cooperative Societies Act, 1960, there is ample power vested with the Registrar, M.P. Cooperative Societies, to look into such complaints and pass a reasoned order.
2W.P.No.4202/2015 (Ramji Lal Vs. State of MP & ors) Faced with the situation, learned counsel for the petitioner submits that in view of the aforesaid preliminary objection, petitioner may be permitted to approach the Registrar, M.P. Cooperative Societies. Further direction may be issued to the Registrar to entertain the complaint and conduct an inquiry within a time bound programme with further prayer that the election so held in the meantime, may not come in the way of the said authority while deciding the complaint, on merits.
The prayer appears to be reasonable.
Accordingly, this writ petition is disposed of with the following directions:
(i) if the petitioner files a comprehensive complaint within 07 days alongwith the certified copy of the order passed by this Court today, the Registrar, M.P. Cooperative Societies shall conduct fair inquiry after affording opportunity to all the affected parties, as provided for under section 80A of the Act of 1960 in accordance with law and after inquiry shall pass a reasoned speaking order; and
(ii) the Registrar, M.P. Cooperative Societies shall complete the inquiry and 3 W.P.No.4202/2015 (Ramji Lal Vs. State of MP & ors) pass the order, as early as possible, preferably within 03 months from the date of submission of the complaint.
It is considered apposite to observe that the elections, if any, held during this period shall not have any bearing on the inquiry and the conclusions drawn thereunder by the Registrar, M.P. Cooperative Societies. In other words, the Registrar, shall not be influenced by the election result.
With the aforesaid directions and observation, this writ petition stands disposed of.
It is made clear that this Court has not expressed any opinion on merits of the case.
(Rohit Arya) Judge b/