Madhya Pradesh High Court
Uday Singh Nagpure vs State Of M.P. on 11 April, 2022
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
W.P. No.7496/2020
& Connected Matters
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
ON THE 11th OF APRIL, 2022
WRIT PETITION No. 7496 of 2020
Between:-
NEELESH AWASTHI S/O RAJENDRA
AWASTHI, AGED ABOUT 46 YEARS,
OCCUPATION: BUSINESSMAN 159 GRAM
AMODA TEHSIL MAJHOLI POST KHAND
(MADHYA PRADESH)
.....PETITIONER
(SHRI HIMANSHU MISHRA, LEARNED COUNSEL FOR THE
PETITIONER )
AND
1. THE STATE OF MADHYA PRADESH
PRINCIPAL SECRETARY DEPARTMENT
OF COOERATION VALLABH BHAWAN
BHOPAL (MADHYA PRADESH)
2. OFFICE OF COMMISSIONER
COOPERATION AND REGISTRAR
SOCIETIES THROUGH COMMISSIONER
VINDHYACHAL BHAWAN BHOPAL
(MADHYA PRADESH)
3. OFFICE OF JOINT REGISTRAR
COOPERATIVE SOCIETIES DIVISION
JABALPUR (MADHYA PRADESH)
.....RESPONDENTS
(SHRI LALIT JOGLEKAR, LEARNED GOVERNMENT
ADVOCATE FOR THE RESPONDENTS/STATE )
WRIT PETITION No. 7386 of 2020
Between:-
SUBHASH SHUKLA S/O LATE SHRI
RAMSWAROOP SHUKLA , AGED ABOUT 67
W.P. No.7496/2020
& Connected Matters
2
YEARS, OCCUPATION: AGRICULTURIST
R/O 33, PANCHWATI COLONY, AIRPORT
ROAD, DISTT BHOPAL (MADHYA
PRADESH)
.....PETITIONER
(MS. POOJA GUPTA, LEARNED COUSNEL FOR THE
PETITIONER )
AND
1. THE STATE OF MADHYA PRADESH THR.
SECRETARY DEPARTMENT OF
COOPERATIVE VALLABH BHAWAN,
BHOPAL (MADHYA PRADESH)
2. JOINT REGISTRAR CO OPERATIVE
SOCIETIES BHOPAL VINDHYACHAL
BHAWAN, BHOPAL (MADHYA PRADESH)
3. DEPUTY REGISTRAR CO OPERATIVE
SOCIETIES BHOPAL M.P. AND
ADMINISTRATOR, DISTRICT
COOPERATIVE CENTRAL BANK MYDT.
BHOPAL 24-25 T.T.NAGAR DISTT BHOPAL
(MADHYA PRADESH)
.....RESPONDENTS
(SHRI LALIT JOGLEKAR, LEARNED GOVERNMENT
ADVOCATE FOR THE RESPONDENTS/STATE)
WRIT PETITION No. 7427 of 2020
Between:-
GOVIND SINGH GOUR S/O SHRI
BHAGWANT SINGH GOUR , AGED ABOUT
49 YEARS, OCCUPATION: BUSINESSMAN
VILLAGE SIMARIYA POST DEVRAHA
TEH. JATARA SIMARIYA DISTRICT
TIKAMGARH, (MADHYA PRADESH)
.....PETITIONER
(SHRI HARJAS SINGH CHHABRA, LEARNED COUNSEL FOR
W.P. No.7496/2020
& Connected Matters
3
THE PETITIONER )
AND
1. THE STATE OF MADHYA PRADESH
THROUGH PRINCIPAL SECRETARY
DEPTT. OF COOPERATIVE VALLABH
BHAWAN, BHOPAL (MADHYA PRADESH)
2. OFFICE OF COMMISSIONER
COOPERATION AND REGISTRAR
COOPERATIVE SOCIETIES THROUGH
COMMISSIONER VINDHYACHAL
BUILDING BHOPAL (MADHYA PRADESH)
3. OFFICE OF JOINT REGISTRAR
COOPERATIVE SOCIETIES DIVISION
SAGAR, DISTRICT SAGAR (MADHYA
PRADESH)
4. OFFICE OF DEPUTY REGISTRAR
COOPERATIVE SOCIETIES, TIKAMGARH
(MADHYA PRADESH)
.....RESPONDENTS
(SHRI LALIT JOGLEKAR, LEARNED GOVERNMENT
ADVOCATE FOR THE RESPONDENTS/STATE)
WRIT PETITION No. 7452 of 2020
Between:-
SANTOSH KUMAR PANDEY S/O LATE
SHRI DAYASHANKAR PANDEY, AGED
ABOUT 69 YEARS, OCCUPATION:
BUSINESSMAN RADHA MEDICAL, ITWARI
WARD SAGAR (MADHYA PRADESH)
.....PETITIONER
(SHRI HARJAS SINGH CHHABRA, LEARNED COUNSEL FOR
THE PETITONER )
AND
1. THE STATE OF MADHYA PRADESH THR.
SECRETARY HOME POLICE DEPT.
VALLABH BHAWAN, BHOPAL (MADHYA
W.P. No.7496/2020
& Connected Matters
4
PRADESH)
2. OFFICE OF COMMISSIONER
COOPERATION AND REGISTRAR
COOPERATIVE SOCIETIES THR. ITS
COMMISSIONER DEPARTMENT OF
COOPERATIVES VINDHYACHAL BHAWAN
BHOPAL (MADHYA PRADESH)
3. OFFICE OF JOINT REGISTRAR
COOPERATIVE SOCITIES DIVISION
SAGAR (MADHYA PRADESH)
.....RESPONDENTS
(SHRI LALIT JOGLEKAR, LEARNED GOVERNMENT
ADVOCATE FOR THE RESPONDENTS/STATE)
WRIT PETITION No. 7513 of 2020
Between:-
ASHOK SINGH S/O SHRI RAJENDRA
SINGH , AGED ABOUT 57 YEARS,
OCCUPATION: ADMINISTRATOR OF MP
RAJYA SAHAKARI BANK MYDT i.e. APEX
BANK R/O LADWAYA BHITARWAH
DEVELOPMENT BLOCK, DISTRICT
GWALIOR (MADHYA PRADESH)
.....PETITIONER
(SHRI HIMANSHU MISHRA, LEARNED COUNSEL FOR THE
PETITIONER )
AND
1. THE STATE OF MADHYA PRADESH
THROUGH CHIEF SECRETARY VALLABH
BHAWAN, BHOPAL (MADHYA PRADESH)
2. STATE OF MP THROUGH PRINCIPAL
SECRETARY COOPERATION DEPTT.
VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)
W.P. No.7496/2020
& Connected Matters
5
3. COMMISSIONER COOPERATION AND
REGISTRAR COOPERATIVE SOCIETIES
VINDHYACHAL BHAWAN BHOPAL
(MADHYA PRADESH)
.....RESPONDENTS
(SHRI LALIT JOGLEKAR, LEARNED GOVERNMENT
ADVOCATE FOR THE RESPONDENTS/STATE)
WRIT PETITION No. 7769 of 2020
Between:-
RAJA BAGHEL S/O BABULAL BAGHEL ,
AGED ABOUT 46 YEARS, OCCUPATION:
ADVOCATE R/O RANI DURGAWATI
WARD, SEONI (MADHYA PRADESH)
.....PETITIONER
(SHRI SIDDHANT KOCHAR, LEARNED COUNSEL FOR THE
PETITIONER )
AND
1. THE STATE OF MADHYA PRADESH THR
PRINCIPAL SECRETARY DEPARTMENT
OF COOPERATIVE VALLABH BHAWAN,
BHOPAL (MADHYA PRADESH)
2. OFFICE OF COMMISSIONER
COOPERATION AND REGISTRAR
COOPERATIVE SOCIETIES THROUGH ITS
COMMISSIONER VINDHYACHAL
BUILDING, BHOPAL (MADHYA PRADESH)
3. OFFICE OF JOINT REGISTRAR,
COOPERATIVE SOCIETIES, DIVISION
JABALPUR, DISTRICT JABALPUR
(MADHYA PRADESH)
4. OFFICE OF DEPUTY REGISTRAR,
COOPERATIVE SOCIETIES DISTT.SEONI
(MADHYA PRADESH)
.....RESPONDENTS
W.P. No.7496/2020
& Connected Matters
6
(SHRI LALIT JOGLEKAR, LEARNED GOVERNMENT
ADVOCATE FOR THE RESPONDENTS/STATE)
WRIT PETITION No. 7784 of 2020
Between:-
ANTAR SINGH DARBAR S/O SARDAR
SINGH , AGED ABOUT 62 YEARS,
OCCUPATION: SOCIAL WORKER
VILLAGE-NANDED POST KAMADPUR,
TEHSIL MAHOW, DISTRICT INDORE
(MADHYA PRADESH)
.....PETITIONER
(SHRI HIMANSHU MISHRA, LEARNED COUNSEL FOR THE
PETITIONER )
AND
1. STATE OF MP THR PRINCIPAL
SECRETARY DEPARTMENT OF
COOPERATION VALLABH BHAWAN
(MADHYA PRADESH)
2. OFFICE OF COMMISSIONER
COOPERATION AND REGISTRAR
COOPERATIVE SOCIETIES THR
COMMISSIONER VINDHYACHAL
BUILDING, BHOPAL (MADHYA PRADESH)
3. OFFICE OF JOINT REGISTRAR THR CO-
OPERATIVE SOCIETIES, DIVISION
INDORE DIST INDORE (MADHYA
PRADESH)
.....RESPONDENTS
(SHRI LALIT JOGLEKAR, LEARNED GOVERNMENT
ADVOCATE FOR THE RESPONDENTS/STATE)
WRIT PETITION No. 8149 of 2020
Between:-
ANIL PATEL S/O LATE SHRI BALARAM
PATEL, AGED ABOUT 63 YEARS,
OCCUPATION: ADMINISTRATOR GRAM
W.P. No.7496/2020
& Connected Matters
7
AND POST KSHIPRA TEH. AND DISTRICT
DEVAS (MADHYA PRADESH)
.....PETITIONER
(SHRI HIMANSHU MISHRA, LEARNED COUNSEL FOR THE
PETITIONER )
AND
1. STATE OF MP THR. SECRETARY
DEPARTMENT OF COOPERATIVE
VALLABH BHAWAN BHOPAL (MADHYA
PRADESH)
2. REGISTRAR , CO OPERATIVE SOCIETIES
BHOPAL VINDHYACHAL BHAWAN,
DISTRICT BHOPAL (MADHYA PRADESH)
3. JOINT REGISTRAR CO OPERATIVE
SOCIETIES, UJJAIN DIVISION, UJJAN
(MADHYA PRADESH)
.....RESPONDENTS
(SHRI LALIT JOGLEKAR, LEARNED GOVERNMENT
ADVOCATE FOR THE RESPONDENTS/STATE)
WRIT PETITION No. 8295 of 2020
Between:-
VIRENDRA SINGH GOHIL S/O RAM SINGH,
AGED ABOUT 64 YEARS, OCCUPATION:
ADMINISTRATOR DISTRICT CO-
OPERATIVE BANK SHAJAPUR R/O 95,
ADARSH COLONY, GALI NO. 1, WARD NO.
2, SHAJAPUR (MADHYA PRADESH)
.....PETITIONER
(SHRI HIMANSHU MISHRA, LEARNED COUSNEL FOR THE
PETITIONER )
AND
1. THE STATE OF MADHYA PRADESH THR.
PRINCIPAL SECRETARY DEPARTMENT
W.P. No.7496/2020
& Connected Matters
8
OF COOPERATION VALLABH BHAWAN,
BHOPAL (MADHYA PRADESH)
2. OFFICE OF COOMMISSIONER
COOPERATION AND REGISTRAR
COOPERATIVE SOCIETIES THR. ITS
COMMISSIONER VINDHYACHAL
BUILDING (MADHYA PRADESH)
3. OFFICE OF JOINT REGISTRAR
COOPERATIVE SOCIETIES DIVISION
UJJAIN, (MADHYA PRADESH)
4. DEPUTY REGISTRAR COOPERATIVE
SOCIETIES DISTRICT SHAJAPUR MP.
(MADHYA PRADESH)
.....RESPONDENTS
(SHRI LALIT JOGLEKAR, LEARNED GOVERNMENT
ADVOCATE FOR THE RESPONDENTS/STATE)
WRIT PETITION No. 8330 of 2020
Between:-
AJIT SINGH S/O SUMER SINGH THAKUR ,
AGED ABOUT 43 YEARS, OCCUPATION:
ADMINISTRATOR DISTRICT CO-
OPERATIVE BANK UJJAIN R/O 76,
PANWASA, MAXI ROAD, UJJAIN (MADHYA
PRADESH)
.....PETITIONER
(SHRI SAMRESH KATARE, LEARNED COUNSEL FOR THE
PETITONER )
AND
1. STATE OF M.P. THR. PRINCIPAL
SECRETARY DEPT. OF COOPERATION
VALLABH BHAWAN BHOPAL (MADHYA
PRADESH)
2. OFFICE OF COMMISSIONER
COOPERATIVE AND REGISTRAR
W.P. No.7496/2020
& Connected Matters
9
COOPERATIVE SOCIETIES THROUGH ITS
COMMISSIONER VINDHYACHAL
BUILDING (MADHYA PRADESH)
3. OFFICE OF JOINT REGISTRAR,
COOPERATIVE SOCIETIES DIVISION
UJJAIN, DISTRICT UJJAIN (MADHYA
PRADESH)
.....RESPONDENTS
(SHRI LALIT JOGLEKAR, LEARNED GOVERNMENT
ADVOCATE FOR THE RESPONDENTS/STATE)
WRIT PETITION No. 8380 of 2020
Between:-
HEMRAJ KALPONI S/O BAPULAL JI ,
AGED ABOUT 52 YEARS, OCCUPATION:
ADMINISTRATOR DISTRICT CO-
OPERATIVE BANK RAJGARH R/O
VILLAGE KALPONI POST BAKHED
RAJGARH, KHUJNER, DISTRICT
RAJGARH (MADHYA PRADESH)
.....PETITIONER
( SHRI HIMANSHU MISHRA, LEARNED COUNSEL FOR THE
PETITONER )
AND
1. THE STATE OF MADHYA PRADESH
THROUGH PRINCIPAL SECRETARY
VALLABH BHAWAN BHOPAL (MADHYA
PRADESH)
2. OFFICE OF COMMISSIONER
COOPERATION AND REGISTRAR
COOPERATIVE SOCIETIES THR.
COMMISSIONER VINDHYACHAL
BUILDING BHOPAL (MADHYA PRADESH)
3. OFFICE OF JOINT REGISTRAR
COOPERATIVE SOCIETIES DIVISION
BHOPAL D BLOCK OLD SECRETARIAT
DISTT. BHOPAL (MADHYA PRADESH)
W.P. No.7496/2020
& Connected Matters
10
.....RESPONDENTS
(SHRI LALIT JOGLEKAR, LEARNED GOVERNMENT
ADVOCATE FOR THE RESPONDENTS/STATE)
WRIT PETITION No. 8419 of 2020
Between:-
UMRAO SINGH GURJAR S/O SHIV LAL
GURJAR, AGED ABOUT 56 YEARS,
OCCUPATION: ADMINISTRATOR
DISTRICT CO-OPERATIVE BANK
MANDSAUR R/O 964, SCHEME NO. 36 B,
NEEMUCH, DISTRICT NEEMUCH
(MADHYA PRADESH)
.....PETITIONER
(SHRI SAMRESH KATARE, LEARNED COUNSEL FOR THE
PETITIONER )
AND
1. THE STATE OF MADHYA PRADESH THR.
PRINCIPAL SECRETARY DEPARTMENT
OF COOPERATION VALLABH BHAWAN,
BHOPAL (MADHYA PRADESH)
2. OFFICE OF COMMISSIONER
COOPERATION AND REGISTAR
COOPERATIVE SOCIETIES THROUGH
COMMISSIONER VINDHYACHAL
BUILDING BHOPAL (MADHYA PRADESH)
3. OFFICE OF JOINT REGISTAR CO-
OPERATION SOCIETIES DIVISION UJJAIN
(MADHYA PRADESH)
4. DEPUTY REGISTRAR COOPERATIVE
SOCITIES MANDSAUR (MADHYA
PRADESH)
.....RESPONDENTS
(SHRI LALIT JOGLEKAR, LEARNED GOVERNMENT
ADVOCATE FOR THE RESPONDENTS/STATE)
WRIT PETITION No. 8460 of 2020
W.P. No.7496/2020
& Connected Matters
11
Between:-
VIRENDRA SINGH SOLANKI S/O AJIT
SINGH SOLANKI , AGED ABOUT 43 YEARS,
OCCUPATION: ADMINISTRATOR
DISTRICT CO-OPERATIVE BANK
RATLAM, R/O VILLAGE BAPCHA, POST
BARKHEDA KALA, BAPCHA, KARADIA
RATLAM, DISTRICT RATLAM (MADHYA
PRADESH)
.....PETITIONER
(SHRI SAMRESH KATARE, LEARNED COUNSEL FOR THE
PETITIONER )
AND
1. THE STATE OF MADHYA PRADESH THR.
PRINCIPAL SECRETARY DEPARTMENT
OF COOPERATION VALLABH BHAWAN,
BHOPAL (MADHYA PRADESH)
2. OFFOCE PF COMMISSIONER CO-
OPERATION AND REGISTAR
COOPERATIVE SOCIETIES THROUGH ITS
COMMISSIONER VINDHYACHAL
BHAWAN (MADHYA PRADESH)
3. OFFICE OF JOINT REGISTRAR CO-
OPERATION SOCIETIES DIVISION UJJAIN
(MADHYA PRADESH)
4. DEPUTY REGISTRAR CO-OPERATION
SOCIETIES RATLAM (MADHYA PRADESH)
.....RESPONDENTS
(SHRI LALIT JOGLEKAR, LEARNED GOVERNMENT
ADVOCATE FOR THE RESPONDENTS/STATE)
WRIT PETITION No. 8461 of 2020
Between:-
KULDEEP SINGH BUNDELA S/O MOHAN
SINGH BUNDELA, AGED ABOUT 45
W.P. No.7496/2020
& Connected Matters
12
YEARS, OCCUPATION: ADMINISTRATOR
DISTRICT CO-OPERATIVE BANK DHAR
R/O 20, GANPATI MARG, NOUGAON, DHAR
(MADHYA PRADESH)
.....PETITIONER
(SHRI HIMANSHU MISHRA, LEARNED COUNSEL FOR THE
PETITIONER )
AND
1. THE STATE OF MADHYA PRADESH THR
PRINCIPAL SECRETARY DEPARTMENT
OF COOPERATION VALLABH BHAWAN,
BHOPAL (MADHYA PRADESH)
2. OFFICE OF COMMISSIONER CO-
OPERATION AND REGISTAR
COOPERATIFE SOCIETIES THROUGH ITS
COMMISSIONE VINDHAYACHAL
BHAWAN (MADHYA PRADESH)
3. OFFICE OF JOINT REGISTRAR CO-
OPERATION SOCIETIES DIVISION
INDORE (MADHYA PRADESH)
4. DEPUTY REGISTRAR CO-OPERATION
SOCIETIES DHAR (MADHYA PRADESH)
.....RESPONDENTS
(SHRI LALIT JOGLEKAR, LEARNED GOVERNMENT
ADVOCATE FOR THE RESPONDENTS/STATE)
WRIT PETITION No. 8581 of 2020
Between:-
1. UDAY SINGH NAGPURE S/O LATE
JHANKAR SINGH NAGPURE , AGED
ABOUT 58 YEARS, OCCUPATION: EX
CHAIRMAN OF DISTRICT CO
OPERATIVE CENTRAL BANK
MARYADIT BALAGHAT R/O. VILL.
HATTA TEH AND DISTT. BALAGHAT
(MADHYA PRADESH)
2. SARJU PRASAD TIWARI S/O BARE LAL
W.P. No.7496/2020
& Connected Matters
13
TIWARI AGED ABOUT 50 YEAR
OCCUPATION- EX MEMBER OF
BOARD OF DIRECTOR, DISTRICT
COOPERATIVE SOCIETIES, CENTRAL
BANK MANDLA, RESIDENCE OF
VILLAGE SAGONIYA TEHSIL
NAINPUR, DISTRICT MANDLA
(MADHYA PRADESH)
.....PETITIONER
(MS. POOJA GUPA, LEARNED COUNSEL FOR THE
PETITIONERS )
AND
1. STATE OF M.P. THR. ITS PRINCIPAL
SECRETARY COOPERATIVE DEPT.
VALLABH BHAWAN BHOPAL (MADHYA
PRADESH)
2. COMMISSIONER COOPERATIVE AND
REGISTRAR COOPERATIVE SOCIETY
VINDHYANCHAL BHAWAN BHOPAL
(MADHYA PRADESH)
3. JOINT DIRECTOR COOPERATIVE
SOCIETY DIVISION JABALPUR (MADHYA
PRADESH)
4. DEPUTY REGISTRAR COOPERATIVE
SOCIETIES BALAGHAT AND
ADMINISTRATOR DISTRICT
COOPERATIVE CENTRAL BANK MYDT.
BALALGHAT (MADHYA PRADESH)
5. DEPUTY REGISTRAR COOPERATIVE
SOCIETIES MANDLA AND
ADMINISTRATOR DISTRICT
COOPERATIVE CENTRAL BANK
MARYADIT MANDLA (MADHYA
PRADESH)
.....RESPONDENTS
(SHRI LALIT JOGLEKAR, LEARNED GOVERNMENT
ADVOCATE FOR THE RESPONDENTS/STATE)
W.P. No.7496/2020
& Connected Matters
14
WRIT PETITION No. 8667 of 2020
Between:-
GAJENDRA @ GAURAV PATEL S/O
RAGHUVIR SINGH, AGED ABOUT 40
YEARS, OCCUPATION: ADMINISTRATOR
DISTRICT CO-OPERATIVE BANK DAMOH
R/O VILLAGE PIPRIYA TURKAL POST
SARKHDI TURKAI SARKHADI, DAMOH
(MADHYA PRADESH)
.....PETITIONER
( SHRI ROHIT SOHGAURA, LEARNED COUSNEL FOR THE
PETITIONER )
AND
1. STATE OF MADHYA PRADESH THR.
PRINCIPAL SECRETARY DEPARTMENT
OF COOPERATION VALLABH BHAWAN
(MADHYA PRADESH)
2. OFFICE OF COMMISSIONER
COOPERATION AND REGISTRAR
COOPERATIVE SOCITIES THROUGH
COMMISSIONER VINDHYACHAL
BUILDING (MADHYA PRADESH)
3. OFFICE OF JOINT REGISTRAR
COOPERATIVE SOCIETIES DIVISION
SAGAR OFFICE OF JOINT REGISTRAR
SAGAR (MADHYA PRADESH)
4. ASSISTANT REGISTRAR COOPERATIVE
SOCIETIES OFFICE OF ASSISTANT
REGISTRAR DAMOH (MADHYA PRADESH)
.....RESPONDENTS
( SHRI LALIT JOGLEKAR, LEARNED GOVERNMENT
ADVOCATE FOR THE RESPONDENTS/STATE )
WRIT PETITION No. 9083 of 2020
Between:-
RAJENDRA SINGH BHADAURIYA S/O
LATE SHRI AMIR SINGH , AGED ABOUT 69
W.P. No.7496/2020
& Connected Matters
15
YEARS, OCCUPATION: AGRICULTURIST
R/O. AMAR NIKUNJ ARJUN NAGAR
KARUNDIYA NORTH (MADHYA PRADESH)
.....PETITIONER
(MS. POOJA GUPTA, LEARNED COUSNEL FOR THE
PETITIONER )
AND
1. THE STATE OF MADHYA PRADESH THR
SECRETARY DEPT. OF COOPERATIVE
VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)
2. JOINT REGISTRAR COOPERATIVE
SOCIETIES VINDHYACHAL BHAWAN
BHOPAL (MADHYA PRADESH)
3. DEPUTY REGISTRAR COOPERATIVE
SOCIETIES MP AND ADMINISTRATOR
DISTT.COOPERATIVE CENTRAL BANK
MYDT.SIDHI (MADHYA PRADESH)
.....RESPONDENTS
(SHRI LALIT JOGLEKAR, LEARNED GOVERNMENT
ADVOCATE FOR THE RESPONDENTS/STATE)
WRIT PETITION No. 10570 of 2020
Between:-
RAMASHANKAR SINGH PATEL S/O RAM
LAKHAN SINGH , AGED ABOUT 48 YEARS,
OCCUPATION: FARMER R/O PUSHPRAJ
NAGAR (MADHYA PRADESH)
.....PETITIONER
(SHRI ROHIT SOHGAURA, LEARNED COUNSEL FOR THE
PETITIONER )
AND
1. THE STATE OF MADHYA PRADESH
THROUGH ITS SECRETARY
COOPERATIVE DEPARTMENT VLLABH
BHAWAN,DISTT.BHOPAL M.P. (MADHYA
PRADESH)
W.P. No.7496/2020
& Connected Matters
16
2. COMMISSIONER COOPERATIVE AND
REGISTRAR COOPERATIVE SOCIETIES
DISTT-BHOPAL (MADHYA PRADESH)
3. JOINT REGISTRAR COOPERATIVE
SOCIETIES REWA DIVISION (MADHYA
PRADESH)
4. DEPUTY REGISTRAR COOPERATIVE AND
DEPUTY REGISTRAR COOPERATIVE
SOCIETIES REWA AND ADMINISTRATOR
DISTRICT COOPERATIVE CENTRAL
BANK MARYADIT (MADHYA PRADESH)
.....RESPONDENTS
(SHRI LALIT JOGLEKAR, LEARNED GOVERNMENT
ADVOCATE FOR THE RESPONDENTS/STATE)
These petitions coming on for admission this day, the court
passed the following:
ORDER
Heard finally with the consent of both the parties. This common order shall govern the disposal of the aforesaid eighteen cases, as the same having been arisen out of common issue.
2. For the purpose of convenience, the facts of W.P. No.7496/2020 are being taken into consideration.
3. In this petition under Article 226 of the Constitution of India the petitioner has assailed the legality, validity and propriety of the order dt.25.03.2020 (Annexure P/4) passed by respondent No.3- Joint Registrar, Cooperative Societies, Division Jabalpur, District Jabalpur (M.P.), whereby the earlier order dt.17.03.2020, vide which the W.P. No.7496/2020 & Connected Matters 17 petitioner was appointed as Administrator of District Cooperative Central Bank Maryadit, Jabalpur, has been amended and Joint Registrar, Cooperative Societies, Jabalpur Division, Jabalpur has been appointed as Administrator in place of the petitioner.
4. Brief facts leading to filing of this case are that the petitioner is a business man and a permanent resident of 159 Village Amoda, Tahsil Majholi, Post Khand, Jabalpur (M.P.). The Board of Directors of the District Cooperative Central Bank Ltd. Jabalpur was superseded and the Joint Commissioner, Cooperative Societies, Jabalpur Division, Jabalpur was appointed as Administrator. Thereafter, the State Government took a decision to appoint the petitioner as Administrator in the Bank. In compliance, Joint Registrar, Cooperative Societies M.P. passed an order dt.17.03.2020 and the petitioner was appointed as Administrator. The petitioner assumed the charge and to his surprise within eight days from the date of assumption of charge, the impugned order dt.25.03.2020 has been issued cancelling the appointment of the petitioner and in his place Joint Registrar, Cooperative Societies, District Jabalpur has been appointed as Administrator.
5. Learned counsel for the petitioner contended that the impugned order dt.25.03.2020 is contrary to the basic principle of natural justice and has been passed in violation of Article 14 of the Constitution of India. No opportunity of hearing has been provided to the petitioner before passing the impugned order. The impugned order is without W.P. No.7496/2020 & Connected Matters 18 any reason, therefore, the same is contrary to the law as Laid down by the Apex Court in the case of M/s Kranti Associates Pvt. Ltd. and another Vs. Masood Ahmed Khan and others reported in (2010) 9 SCC 496. The impugned order entails the civil consequences, therefore, without opportunity of hearing the appointment of the petitioner on the post of Administrator could not have been cancelled. Learned counsel has relied on the judgment of the Apex Court in the case of Shekhar Ghosh Vs. Union of India and another as reported in (2007) 1 SCC 331 to contend that where passing of the impugned order entails civil consequences, the principle of natural justice is required to be followed.
6. Learned counsel for the petitioner further contended that the order impugned is contrary and the same has been passed without following the guidelines issued in the case of State of Madhya Pradesh Vs. Sanjay Nagayach and others as reported in (2013) 7 SCC 25.
7. On the other hand, learned Government Advocate submitted that no wrong has been committed by the respondents in passing the impugned order. It is also contended that no legal right accrues to the petitioner, inasmuch as he is a member of the cooperative society and not an employee. Section 49-C (2) of the Madhya Pradesh Co- operative Societies Act 1960 (hereinafter shall be referred to as the 'Act of 1960') provides that "the State Government may modify or cancel any directions issued under sub-section (1), and in modifying W.P. No.7496/2020 & Connected Matters 19 or canceling such directions may impose such conditions as it may deem fit." Such situation arose since the Board of Directors of the Society was superseded. According to Section 53 (1) (c) of the Act of 1960, the Registrar may, by order in writing, remove the Board of Directors and appoint a person or persons to manage the affairs of the society for a period of two years in the first instance. In view of the above, the petitioner has no locus to prefer this petition under Article 226 of the constitution of India. No right, much less legal right of the petitioner has been infringed or curtailed by appointment of Joint Registrar, Cooperative Societies, District Jabalpur as Administrator of the Bank.
8. Learned Government Advocate further submitted that so far as reliance placed by the petitioner in the case of Sanjay Nagayach (supra), the same is not applicable in the facts and circumstances of the present case since the case relates to supersession of an elected Managing Committee/Board, whereas in the present case, the Administrator has been removed. The present matter is not related with supersession, suspension or removal of Board of Directors, whereas the same is related with the appointment of Administrator, therefore, on facts, the judgment of the Apex Court in the case of Sanjay Nagayach (supra) is distinguishable and cannot be made applicable to the facts and circumstances of this case. In view of the aforesaid, he submitted that no right is accrued to the petitioner to claim appointment or continuation as Administrator. The same is W.P. No.7496/2020 & Connected Matters 20 discretion of the prescribed authorities to appoint Administrator as per needs of administrative exigency.
9. Having heard learned counsel for the parties, this Court finds force in the objection raised by learned Government Advocate for the respondents/State. Accordingly, the petition fails and is hereby dismissed.
No order as to costs.
(S. A. DHARMADHIKARI) JUDGE Shanu Digitally signed by SHANU RAIKWAR Date: 2022.04.12 17:08:33 +05'30'