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Madhya Pradesh High Court · body

2013 DIGILAW 787 (MP)

Ram v. State of M. P.

2013-07-11

S.K.GANGELE

body2013
ORDER 1. Heard. 2. The petitioner has filed this petition against the order dated 16th September, 2009 (Annexure P-1) and the show-cause notice dated 23.9.2009 ( Annexure P-2). 3. The petitioner No. 1 is President of the Society and the petitioner No. 2 is the Society named as “Adarsh Bunkar Cooperative Society Maryadit, Ambah”registered under the provisions of M. P. Co-operative Societies Act, 1960 [hereinafter referred to as ‘’the Co-operative Societies Act’’]. There were some complaints against the Society. Hence, Sub-Divisional Officer (Revenue) conducted an enquiry. In the aforesaid enquiry, he found that all the three Co-operative Societies were working on papers and they have not done work as mentioned in the Memorandum of Association, neither any worker was working in the Society and in order to receive Government grant, the Societies were registered. On the basis of the enquiry, the Collector vide order dated 16thhSeptember, 2009 (Annexure P-1) directed the Deputy Registrar, Cooperative Society to cancel the registration of the Society. Thereafter, a show-cause notice Annexure P-2 was issued to the Society under section 69(3) of the Co-operative Societies Act, mentioning the fact that an order of liquidation be passed against the Society. 4. Learned counsel for the petitioners has submitted that both the orders are without jurisdiction. He further submitted that under the provisions of the Co-operative Societies Act, the Collector has no power to issue direction. He further submitted that there is no question of liquidation of society because the ingredients have not been made out. 5. Under the provisions of the Co-operative Societies Act, the Registrar or its designated authorities have power to take action against the Co-operative Society. In such circumstances, I am in agreement with the arguments advanced by learned counsel for the petitioners that the Collector has no power to direct the Registrar to cancel the registration of the Society. 6. However, as per facts mentioned in the letter of the Collector, the charges levelled against the Society are serious in nature and investigation is required urgently if the charges are proved. 6. However, as per facts mentioned in the letter of the Collector, the charges levelled against the Society are serious in nature and investigation is required urgently if the charges are proved. However, being head of District Administration if some information is received by the Collector, which is serious in nature as mentioned in the order that the Societies are put only on papers, in my opinion, the Collector is very well within his power to furnish information to the Deputy Registrar, the nominee of the Registrar, to take action in accordance with law. There is no illegality in this regard. 7. In regard to show-cause notice, show-cause notice has been issued by the Deputy Registrar, Co-operative Society under section 69(3) of the Co-operative Societies Act. Learned counsel for the petitioners has submitted that no ingredients are made out for taking action under Section 69(3) of the Co-operative Societies Act. At this stage, in my opinion, it is not just and proper to adjudicate that whether ingredients are made out or not. However, under section 53(b) of the Cooperative Societies Act, Registrar has power to revoke an officer of the Society under certain circumstances. The Registrar has also power to supersede the Society. Even though a proper section has not been mentioned in the notice but it could not be construed that the powers of the Registrar are oppressed. The petitioners are at liberty to file the reply before the Registrar and they can very well point out that no ingredients have been made out as mentioned in the show-cause notice for supersession of the Society. 8. In this view of the matter, this writ petition is disposed of with a direction that the order dated 16thSeptember, 2009 (Annexure P-1) passed by the Collector be treated as the information and the direction issued by the Collector that the registration of the Society be cancelled, is hereby quashed. However, the Deputy Registrar, Cooperative Society is at liberty to take action in accordance with law. The petitioners are at liberty file reply to the show-cause notice. 9. Petition is disposed of accordingly. 10. No order as to costs.