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1976 Supreme(MP) 28

SHIV DAYAL, S.R.VYAS, J.P.BAJPAI
RAMSWARUP GUPTA – Appellant
Versus
MADHYA PRADESH STATE CO-OPERATIVE MARKETING FEDERATION – Respondent


BAJPAI, J.

( 1 ) THIS reference stems from a humdrum case of an employee of a Co-operative marketing Society, whose services have been brought to an end by accepting his resignation and thereafter the employee had taken practically all possible alternative stands by saying that firstly he had not at all submitted any resignation; or if there is any, the same must be forged or even if it bears his signature, he had simply written the same and kept it and never intended to submit it to the authority for acceptance. According to him, it was nothing but a surprise as to how the same could reach the authorities for further action. However, we are at present not concerned with the facts of the case inasmuch as only the following three questions of law have been referred : for being answered by us and we have to confine ourselves to the same :

(i) Whether Co-operative Society, registered under the M. P. Cooperative societies Act is a statutory body ?

(ii) Whether a writ of mandamus, direction or order can be issued under Article 226 of the Constitution by a High Court against a Cooperative society registered under M. P. Co-operative Societies Act, 1960 ?

(iii) Whether the High Court can issu














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