Madhya Pradesh High Court
Bharat Kumar Sahu vs Union Of India on 21 July, 2022
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
ON THE 21st OF JULY, 2022
WRIT PETITION No. 16764 of 2022
Between:-
1. BHARAT KUMAR SAHU S/O SHOBHARAM SAHU,
AGED ABOUT 44 YEARS, OCCUPATION: SAHARA
FIELD WORKER/AGENT (CODE-220410645) MAIN
ROAD LODHI WOAR, CHHAPARA, SEONI,
(MADHYA PRADESH)
2. SHIV PRASAD S/O VISHNU PRASAD, AGED
ABOUT 38 YEARS, OCCUPATION: SAHARA FIELD
WORKER/AGENT (CODE 220411369) R/O
JAYRAM COLONY MATA WARD, CHHAPARA,
SEONI (MADHYA PRADESH)
3. VIJENDRA SAHU S/O GOVIND PRASAD SAHU,
AGED ABOUT 40 YEARS, OCCUPATION: SAHARA
FIELD WORKER/AGENT (CODE 220411771) R/O
RAFI AHMED KIDWAI WARD, NEAR FILTER
PLANT, MARJHOR, (MADHYA PRADESH)
4. SANTOSH MALVI S/O MANGAL PRASAD MALVI,
AGED ABOUT 44 YEARS, OCCUPATION: SAHARA
FIELD WORKER/AGENT (CODE 220411429) R/O
FARESH COLONY WARD NO.19, CHHAPRA,
(MADHYA PRADESH)
5. YOGENDRA GOLHANI S/O DALCHAND
GOLHANI, AGED ABOUT 54 YEARS,
OCCUPATION: SAHARA FIELD WORKER/AGENT
(CODE 220412478) R/O HOUSE NO.149, AMALTAS
SAKAR CITY, SEONI (MADHYA PRADESH)
6. PINTU YADAV S/O NANDU, AGED ABOUT 38
Y E A R S , OCCUPATION: SAHARA FIELD
WORKER/AGENT (CODE 220412801) R/O NEAR
NARMADA SUKHDAHAM WARD NO.13,
CHHAPRA (MADHYA PRADESH)
7. DEEPAK GOHRE S/O MISHRILAL GOHRE, AGED
ABOUT 50 YEARS, OCCUPATION: SAHARA FIELD
WORKER/AGENT (CODE 220400090) R/O NEAR
BADE SHIV MANDIR LALMATIYA ROAD,
(MADHYA PRADESH)
2
8. BRAJESH PATLE S/O AMRAT LAL PATLE, AGED
ABOUT 45 YEARS, OCCUPATION: SAHARA FIELD
WORKER/AGENT (CODE 220412068) R/O WARD
NO.17 GRAM BIJATOLA, POST UGLI (MADHYA
PRADESH)
9. SURENDRA RAJAK D/O HARI PRASAD, AGED
ABOUT 28 YEARS, OCCUPATION: SAHARA FIELD
WORKER/AGENT (CODE 220413356) R/O NEAR
MEETA KUA WARD NO.3, CHHAPRA (MADHYA
PRADESH)
10. ANIL MESHRAM S/O LEKHRAM, AGED ABOUT
30 YEARS, OCCUPATION: SAHARA FIELD
WORKER/AGENT (CODE 220412584) R/O WARD
NO.16 UPPER BAINGANGA COLONY CHHAPRA
(MADHYA PRADESH)
11. VINAY SHANKAR PATHAK S/O MAHESHDUTT
PATHAK, AGED ABOUT 52 YEARS,
OCCUPATION: SAHARA FIELD WORKER/AGENT
(CODE 773810032) R/O KHAIRI JIVAN BAKHARI,
(MADHYA PRADESH)
12. SACHIN TIWARI S/O MOHAN TIWARI, AGED
ABOUT 30 YEARS, OCCUPATION: SAHARA FIELD
WORKER/AGENT (CODE 773810085) R/O TATA
TOWER GATE KE SAAMEN DUNGARIYA WARD
12, CHHAPRA (MADHYA PRADESH)
13. SATENDRA VISHWAKARMA S/O NARMADA
VISHWAKARMA, AGED ABOUT 33 YEARS,
OCCUPATION: SAHARA FIELD WORKER/AGENT
(CODE 773810138) R/O WARD NO.7, CHAMARI
KHURD, (MADHYA PRADESH)
14. SANTOSH KUMAR SONI S/O SHIV PRASAD SONI,
AGED ABOUT 53 YEARS, OCCUPATION: SAHARA
FIELD WORKER/AGENT (CODE 773810121) R/O
WARD NO.8, SUNARI WARD, CHHAPRA
(MADHYA PRADESH)
15. KODU SINGH NAGESH S/O ASHARAM, AGED
ABOUT 60 YEARS, OCCUPATION: SAHARA FIELD
WORKER/AGENT (CODE 773810035) R/O
SARANDHIYA WARD NO.11, CHHAPRA
(MADHYA PRADESH)
16. RAMRANJAN SINGH S/O RAMKEISHAN SINGH,
AGED ABOUT 55 YEARS, OCCUPATION: SAHARA
FIELD WORKER/AGENT (CODE 773810014) R/O
3
1344/1, APAR BENGANGA, WARD NO.20,
CHHAPRA, (MADHYA PRADESH)
17. KAMINI VISHWAKARMA D/O RAMKISHAN
VISHWAKARMA, AGED ABOUT 32 YEARS,
OCCUPATION: SAHARA FIELD WORKER/AGENT
(CODE 773810062) R/O WARD NO.19, FARESHA
COLONY, CHHAPRA (MADHYA PRADESH)
18. RAFEEKA BEE W/O BARKAT ALI, AGED ABOUT
57 YEARS, OCCUPATION: SAHARA FIELD
WORKER/AGENT (CODE 773810130) R/O WARD
NO.18, SANJAY COLONY, CHHAPARA (MADHYA
PRADESH)
19. BHAGWANDAS YADAV S/O ISHWARRAM
YADAV, AGED ABOUT 32 YEARS, OCCUPATION:
SAHARA FIELD WORKER/AGENT (CODE
542610056) R/O WARD NO.14, GRAM SANTHAI,
PIPARIYA KALA (MADHYA PRADESH)
20. DEEPAK GOUR S/O PANCHAM LAL GOUR, AGED
ABOUT 42 YEARS, OCCUPATION: SAHARA FIELD
WORKER/AGENT (CODE 220413146) R/O BEHIND
POST OFFICE, GURUNANAK WARD SEONI
(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. COLLECTOR SEONI DISTRICT-SEONI (MADHYA
PRADESH)
3. SUPERINTENENT OF POLICE, SEONI DISTRICT-
SEONI (MADHYA PRADESH)
4. SAHARA INDIA PARIWAR THROUGH SUBRATA
ROY, MANAGING WORKER AND CHAIRMAN
SAHARA INDIA BHAWAN, KAPOORTHALA
COMPLEX, ALIGANJ, (UTTAR PRADESH)
4
5. SECTOR OFFICE SAHARA INDIA THROUGH
SECTOR HEAD ANURAG PLAZA, MAHAVEER
MADIYA, GN ROAD, (MADHYA PRADESH)
6. SAHARA CREDIT COOPERATIVE SOCIETY LTD.
THROUGH MANAGING DIRECTOR
REGISTERED OFFICE SAHARA INDIA BHAWAN,
I KAPURTHALA COMPLEX, ALIGANJ (UTTAR
PRADESH)
7. STARS MULTIPURPOSE COOPERATIVE SOCIETY
LIMITED THROUGH MANAGING DIRECTOR
REGISTERED OFFICE, 3RD FLOOR, DOOR NO.5-
9-15 OPP. A.P.SECRETARIAT, SAIFABAD,
(TELANGANA)
.....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 20 in number, have filed this petition u/Art. 226 of the Constitution praying for following reliefs :-
( i ) To direct the respondent No.1 to act upon the representations of the petitioners with in a limited time frame and to initiate inquiry against the respondent Nos.6 & 7 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.
( i i ) To direct the respondent Nos.1 to 3 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 private respondents to return the amount of the investors/creditors which has already reached its maturity date along with the interest on delayed payment.
5(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.
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.4 to 7 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.4 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, 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 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 6 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 r e l e v a nt 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.
(S. A. DHARMADHIKARI) JUDGE DPS Digitally signed by DHEERAJ PRATAP SINGH Date: 2022.07.22 17:21:02 +05'30'