VIKAS S/o KRISHNARAO PUNDLIK v. STATE OF MADHYA PRADESH
1994-04-06
A.R.TIWARI
body1994
DigiLaw.ai
A. R. TIWARI, J. ( 1 ) THE petitioner is a member of Maharashtra Brahmin sahakari Bank, Khatipura, Indore (respondent No. 3 ). The reipondents No. 4 to 8 have been designated as Directors on the Board of Directors of the respondent No. 3. The petitioner contends that respondent Nos. 4 to 8 are not eligible to function as Directors of the Board. On that linchpin, the petitioner submitted the representation to the Registrar, Co-op. Societies, bhopal in terms of Section 49-C of the M P. Co-op. Societies Act for submitting the report to the State Government for appropriate directions. The Registrar, it is contended, has not submitted the requisite report and as a result of this, grievance remain unanswered. Feeling dissatisfied by this non-chalance and inspection, the petitioner has presented this petition for appropriate reliefs. ( 2 ) COUNSEL for the petitioner submits that the Registrar had no jurisdiction to ignore the representation levelling serious infirmity and abdicate his obligation of submission of the requisite report to the State government. A direction to the Registrar is, therefore, sought by the petitioner. ( 3 ) SHRI Stthi submits that the representation should have sent to the state Government- On this ground, he prays for dismissal of the petition. ( 4 ) SECTION 49-C of the afosesaid Act empowers the State Government to act on receipt of a report from the Registrar as also on its satisfaction reached otherwise, in the public interest. ( 5 ) MERE fact on non-submission of the representation to the State government could not disentitle the petitioner to seek appropriate relief from the Registrar. It is contended that in terms of Section 48-B of the m. P. Co-operative Societies Act, the respondents No. 4 to 8 could not act as directors of the Board. ( 6 ) IN view of the fact that I am proposing to direct the Registrar to look into the matter, I have apted to express no opinion on the merits of the matter and to leave the course of the Registrar fatter-free. ( 7 ) IN the circumstances, I dispose of this petition by directing Registrar, co-op. Societies, Bhopal (respondent No. I) to hear the petitioner on the representation dated 30. 4. 93 and to decide the same by giving reasons in conformity with law within a period of two months from receipt of copy of this order.
( 7 ) IN the circumstances, I dispose of this petition by directing Registrar, co-op. Societies, Bhopal (respondent No. I) to hear the petitioner on the representation dated 30. 4. 93 and to decide the same by giving reasons in conformity with law within a period of two months from receipt of copy of this order. ( 8 ) COPY of this order shall be transmitted to the aforesaid authority (Registrar, Co-op. Societies, Bhopal) immediately. ( 9 ) THE petition stands disposed of with the direction as above but without any order as to costs. CC on usual charges within a week. Order accordingly. .