P.K.TARE, SHIV DAYAL, R.K.TANKHA
THE COLLECTIVE FARMING SOCIETY LTD. – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent
( 1 ) THIS case was referred to this Full Bench for two reasons: (1) The vires of section 91 of the M. P. Co-operative Societies Act, 1961, was in doubt, and (2) the correctness of the decision of a Division Bench of this Court in Premnarain v. Shilpakar Sahakari Mazdoor Sangh Ltd. 1971 Jab LJ 924, was in doubt.
( 2 ) THIS petition under Article 226 of the Constitution is to quash certain orders passed by the State Government effecting supersession or continuation of supersession of the Committee of petitioner No. 1 Collective Farming Society, Ltd,. Lilakheri (hereinater called the petitioner-society) and to direct the respondents by a writ of mandamus to handover charge of the society to the petitioners Nos. 2, 3 and 4, who claim to be duly elected President. Secretary and Treasurer of the petitioner-society.
( 3 ) FACTS material for the questions, which have been raised before us may be briefly stated thus: (i) The petitioner-society is a registered co-operative society of cultivators of village Lilakheri, tahsil and district, Sihore, and is registered under the provisions of the M. P. Co-operative Societies Act, 1961 (hereinafter called the Act ). It has a committ
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