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Madhya Pradesh High Court · body

2014 DIGILAW 664 (MP)

Manoj Sharma v. Girraj Sharma

2014-06-17

S.K.GANGELE, S.K.PALO

body2014
Judgment: 1. Heard. 2. The appellants have filed this appeal against the order dt. 16.5.2014 passed in W.P. No. 2650/2014. 3. The appellants filed a writ petition before the writ court against the order passed by the Joint Registrar, Co-operative Societies. The writ court dismissed the writ petition on the ground of availability of alternative remedy. 4. Respondent No. 4-Society was under liquidation vide order dt. 24.3.2006. The Members of the respondent No. 4 Society submitted before the Joint Registrar for setting aside the liquidation of the society. Joint Registrar vide order dt. 9.8.2012 directed the Dy. Registrar to initiate appropriate proceedings in regard to election of the respondent No. 4 Society. Thereafter, the Dy. Registrar appointed Election Officer. In the meanwhile, members of the society themselves held election of the society and elected office bearers. Again the dispute was raised that the members were not authorised to conduct election of the society. Then the Dy. Registrar appointed Election Officer in pursuance to the directions issued by the Joint Registrar. 5. The election of the society was cancelled by the Dy. Registrar vide order dt. 24.5.2013. Against the aforesaid order, revision was filed before the Joint Registrar. The Joint Registrar vide order dt. 26.3.2014 has disposed of the said revision with the following directions:- 6. The appellants challenged the order passed by the Joint Registrar before the Writ Court to the effect that when the election of the society was illegal, then the Joint Registrar can not issue the direction that the elected office bearers shall continue in charge of the society up to the enquiry, which was to be conducted by the Dy. Registrar, that petition has been dismissed. 7. From the facts of the case, it is clear that the Dy. Registrar set aside the elections of the society, which were conducted by the office bearers. It is an admitted fact that the society was under liquidation since 2006. The period of office bearers was also over. Joint Registrar directed Dy. Registrar to conduct the election of the society. Thereafter Election Officer was appointed. Subsequently, the Joint Registrar vide order dt. 26.3.2014 also issued direction to the Dy. Registrar to conduct enquiry. The directions have been quoted above in the order. The period of office bearers was also over. Joint Registrar directed Dy. Registrar to conduct the election of the society. Thereafter Election Officer was appointed. Subsequently, the Joint Registrar vide order dt. 26.3.2014 also issued direction to the Dy. Registrar to conduct enquiry. The directions have been quoted above in the order. In such circumstances, the directions issued by the Joint Registrar that up to conducting the enquiry, the office bearers, who were elected, shall continue the charge of the society, is not proper. Hence, prima facie the election of the society by the members was not proper. Hence, the Writ Appeal is disposed of with the following directions:- (i) That the directions issued by the Joint Registrar vide order dt. 26.3.2014 are being upheld, however, it is directed that up to the period of enquiry by the Dy. Registrar, the Joint Registrar shall appoint an OIC of the society, who shall look after the work of the society. (ii) Dy. Registrar shall conclude the enquiry as ordered by the Joint Registrar within a period of two months from the date of copy of the order, if it has not already been concluded. (iii) No order as to costs.