MOHD. ARIF, MOHD. HUSSAIN v. STATE OF MADHYA PRADESH
1997-07-22
D.P.S.CHAUHAN
body1997
DigiLaw.ai
D. P. S. CHOUHAN, J. ( 1 ) THE petitioner by means of this petition has challenged the election of respondent No. 6 as Member of the Committee of the Management of the District Central Co-operative Bank Ltd. , Khandwa (for brevity, hereinafter referred to as the Bank ). The Bank is a central society having in its membership, the primary societies and the general body of the bank is constituted by delegates of the member-societies. The final authority of the Society vests in the general body of its members and management of the Bank vests in the Committee of the Management constituted in accordance with the provisions of the M. P. Co-operative Societies Act, 1960 (hereinafter referred to as the Act) or the rules framed thereunder or the bye-laws of the society and such a committee exercises such powers and performs all its duties as may be conferred and imposed by the Act or the Rules made thereunder or the bye-laws of Society. ( 2 ) THE election of the members of the Committee of the Management of the Bank took place on 3. 3. 1997 and the result of election was declared on 12. 3. 1997. The committee of the management consists of 12 members. The general body, for the purpose of the election was divided into four groups. Group one comprised of the affiliated marketing and processing societies and from this group, one member for the committee of the management was to be elected. The second ground comprised of all affiliated weavers and industrial co-operative societies, and from this group, one member for the committee of the management was to be elected. The third group comprised of all other Co-operative societies and from this group, one member for the committee of the management was to be elected. Fourth group comprised of scheduled caste/vrahatakar and service-co-operative societies and from this group 9 persons were to be elected for the membership of the committee of management and the election of 9 persons was block-wise i. e. from 9 blocks, one person from each block was to be elected. The election took place on 3. 3. 1997 and the members of the committee of management were elected and the result of the election was declared on 12. 3. 1997. 12 members were elected out of whom respondent No. 6 was one of the persons.
The election took place on 3. 3. 1997 and the members of the committee of management were elected and the result of the election was declared on 12. 3. 1997. 12 members were elected out of whom respondent No. 6 was one of the persons. ( 3 ) HEARD the learned Counsel for the petitioner. ( 4 ) THE learned Counsel for the petitioner submitted that the petitioner is the representative of the Mastoori Power Loom Weavers Co-operative Society burhanpur which is one of the members of the Bank. List in respect of group 2 was published on 4. 1. 1997 and in the list of the voters of this Group, the name of the Mastoori Power Loom Weavers Co-operative Society Burhanpur, of which the petitioner was the representative, was at Sr. No. 27 whereas the name of Naval Singh Co-operative Sugar Factory. Naval Nagar, of which the respondent No. 6 was the delegate, appeared at Sr. No. 159. ( 5 ) THE main grievance, as submitted by the learned Counsel for the petitioner is that Naval Singh Co-operative Sugar Factory, Naval Nagar is a society comprised of the members who are agriculturists ; and as such, by no stretch of imagination it could have been included in Group II. i. e. the group of Industrial and Weavers Co-operative Societies; and as such. Naval Sigh co-operative Sugar Factory, Naval Nagar has been arbitrarily and ill equally included in Group II. This grouping is in violation of Section 10 of the Art where the co-operative Sugar Mill is different from that of Industrial co-operative Societies, Weavers, Metal Workers Carpenters. Soap, Leather workers etc. and as such, the election of respondent No. 6 is per se illegal and cannot be sustained in the eyes of law. ( 6 ) THE submission, as advanced by the learned Counsel for the petitioner has no substance. Section 10 of the Act has nothing to do so far as the grouping for electing the members "of the committee of the management of the bank is concerned. Section 10 has made only a classification of the Societies for the purpose of registration and their working has been divided in the classification mentioned therein. The groups are constituted not in that section. The groups are in fact of the electorate roll for electing the members of the committee of the management.
Section 10 has made only a classification of the Societies for the purpose of registration and their working has been divided in the classification mentioned therein. The groups are constituted not in that section. The groups are in fact of the electorate roll for electing the members of the committee of the management. ( 7 ) THE grouping is not on the basis of my classification-wise as mentioned in Section 10 of the Act. ( 8 ) LEARNED counsel next submitted that the petition or, after the declaration of the result of the election, made a representation to the Registrar, bringing to his notice the erroneous inclusion of the name of the respondent No. 6 in the electoral roll in the Group II but no heed is paid. ( 9 ) THE petitioner did not raise any objection regarding inclusion of the name of the respondent No. 6 in the electoral roll in relation to Group II. It is after the election that he has alleged that he raised such a grievance before the Registrar. Rule 40 provides that the society, for the purpose of election for members of its committee. can divide membership into different groups on territorial or any other basis to be specified in the bye-laws. The groups are formulated under the power given under Rule 40 of the Rules framed under the Act. ( 10 ) THE petition thus has no substance. It is accordingly dismissed. Petition dismissed. .