Madhya Pradesh High Court
Sudeep Kumar Vishwakarma vs Union Of India on 23 September, 2022
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 23rd OF SEPTEMBER, 2022
WRIT PETITION No. 5091 of 2022
BETWEEN:-
1. SUDEEP KUMAR VISHWAKARMA S/O GOPAL
PRASAD, AGED ABOUT 36 YEARS, OCCUPATION:
SAHARA FIELD WORKER/AGENT (CODE
128411980) R/O 152, CHOUPRA KHURD, DAMOH
(MADHYA PRADESH)
2. ASHISH GUPTA S/O DAMODAR PRASAD, AGED
ABOUT 31 YEARS, OCCUPATION: SAHARA FIELD
WORKER/AGENT (CODE 128414388) R/O WARD 9
AAMCHOPRA KHURD JABALPUR NAKA
DAMOH (MADHYA PRADESH)
3. VIJAY KUMAR LODHI S/O RAM KISHAN, AGED
ABOUT 33 YEARS, OCCUPATION: SAHARA FIELD
WORKER/AGENT (CODE 128412815) R/O
VILLAGE SIMRI RAJARAM DAMOH (MADHYA
PRADESH)
4. SANJAY GARG S/O BHAGWAN DAS, AGED
ABOUT 44 YEARS, OCCUPATION: SAHARA FIELD
WORKER/AGENT (CODE 128412971) R/O NEAR
ADARSH SCHOOL CHOUPRA KHURD DAMOH
(MADHYA PRADESH)
.....PETITIONERS
(BY SHRI ANKIT MISHRA, ADVOCATE)
AND
1. UNION OF INDIA THROUGH ADDITIONAL
SECRETARIAY AND CRNTRAL REGISTRAR
COOPERATIVE SOCIETIES DEPARTMENT OF
AGRICULTURE COOPERATION AND FARMERS
WELFARE MINISTRY OF AGRICULTURE AND
FARMERS WELFARE, KRISHI BHAWAN, NEW
DELHI - 110001
Signature Not Verified
SAN
2. STATE OF MADHYA PRADESH THROUGH
Digitally signed by TULSA SINGH
Date: 2022.09.23 19:41:10 IST
ADDITIONAL SECRETARY CHIEF MINISTERS
SECR ETAR IAT ARERA HILLS MP NAGAR
2
JAHANGIRABAD BHOPAL (MADHYA PRADESH)
3. THE PRINCIPAL SECRETARY HOME
D EPARTM EN T GOVERNMENT OF M.P. 4TH
FLOOR MANTRALAYA VALLABH BHAWAN
BHOPAL (MADHYA PRADESH)
4. C O L L E C T O R D A M O H DISTRICT DAMOH
(MADHYA PRADESH)
5. SUPERINTENDENT OF POLICE DAMOH
DISTRICT DAMOH (MADHYA PRADESH)
6. SUBRATA ROY S/O S.C. ROY, AGED ABOUT 73
YEAR S , OCCUPATION: MANAGING WORKER
AND CHAIRMAN SAHARA INDIA PARIWAR
SAHARA INDIA BHAWAN KAPOORTHALA
COMPLEX ALIGANJ, LUCKNOW (UTTAR
PRADESH)
7. SAHARA INDIA PARIWAR THROUGH O.P.
SHRIVASTAVA DY. MANAGING DIRECTOR
SAHARA INDIA BHAWAN 1 KAPOORTHALA
COMPLEX ALIGANJ LUCKNOW (UTTAR
PRADESH)
8. REGIONAL OFFICE SAHARA INDIA THROUGH
REGIONAL WORKER RUSSEL CHOWK NEAR
AVATAR BUILDING JABALPUR (MADHYA
PRADESH)
9. SECTOR OFFICE SAHARA INDIA THROUGH
SECTOR HEAD, NEW BAZAR NO. 1 NEAR
MEENAKSHI MANDIR DHAGAT CHAURAHA
(ABOVE BANK OF INDIA) DAMOH (MADHYA
PRADESH)
10. SAHARA CREDIT COOPERATIVE SOCIETY LTD.
THROUGH MANAGING DIRECTOR
REGISTERED OFFICE SAHARA INDIA BHAWAN
1 KAPURTHALA COMPLEX ALIGANJ LUCKNOW
(UTTAR PRADESH)
11. STARS MULTIPURPOSE COOPERATIVE SOCIETY
LIM ITED THROUGH MANAGING DIRECTOR
REGISTERED OFFICE 3RD FLOOR DOOR NO. 5-
9-15 OPP. A.P. SECRETARIAT SAIFABAD
Signature Not Verified
SAN
HYDERABAD (TELANGANA)
Digitally signed by TULSA SINGH
Date: 2022.09.23 19:41:10 IST .....RESPONDENTS
(NONE)
3
This petition coming on for hearing on this day, the court passed the
following:
ORDER
Petitioners, who are 4 in number, have filed this petition under Article 226 of the Constitution praying for following reliefs :-
(a) To direct the respondent No.1 to initiate inquiry against the respondent Nos.10 & 11 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.
(b) To direct the respondent Nos.2 to 5 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 Nos.1 to 4 to money the amount of the investors/creditors which has already reached its maturity date along with the interest on delayed payment.
(d) 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 Signature Not Verified workers/agents/investors/creditors of Central Co-operative Societies i.e. SAN Digitally signed by TULSA SINGH Date: 2022.09.23 19:41:10 IST respondent Nos.7 to 11 registered under the Multi-State Co-operative Societies 4 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/6, 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 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 Signature Not Verified SAN this petition with following directions:-
Digitally signed by TULSA SINGH Date: 2022.09.23 19:41:10 IST 5(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.
(VIVEK AGARWAL) JUDGE ts Signature Not Verified SAN Digitally signed by TULSA SINGH Date: 2022.09.23 19:41:10 IST