( 1 ) THIS is a petition under Articles 226/227 of the Constitution of India, whereby the petitioners seek issuance of a writ of Certiorari and/or any other appropriate direction or order in tbe nature of a writ for quashing the order of supersession of the Board of Directors of Shri Ganesh Sahkari vipnan (Marketing) Sanstha, Maryadit, Khargone, passed by the Deputy registrar, Co-operative Societies, Khargone, on 22. 5. 1981 (Annexure-3 ).

( 2 ) SHORTLY put the facts necessary for decision of this petition are as under : Shri Ganesh Sahkari Vipnan (Marketing) Sanstha, Maryadit, khargone (hereinafter referred to as the Society) is a co-operative society governed by the Madhya Pradesh Co-operative Societies Act, 1960 (for short the Act ). The Board of Directors of this Society was constituted on 22. 5. 1979 for a period of three years, ending on 22. 5. 1982. At the relevant time the society was indebted to the Jila Kendriya Sahkari Bank Maryadit, khargone (respondent No. 2 ). After issuing a show cause notice No. Vidhi/81/1549, dated 4. 5. 19. 1 (Annexure-2), the Deputy Registrar, Co-operative societies, Khargone, by his order No Vidhi/1723/81, dated 22 5. 1981 (Annexure-3) passed the order of supersession of the Committee and in place of supreseded committee, an ad hoc committee respondent No. 3) has been appointed to discharge its functions. Hence this petition.

( 3 ) THE petitioner contended that the impugned order of supersession of the Board of Directors (for short, the Committee) is illegal, void and inoperative inter alia on the grounds that (1) the show-cause notice dated 4. 5 1981 (Annexure-2), issued by the Deputy Registrar respondent No. 1)was not served on petitioner No. 2 Prakashchandra Shivrana Vyas, President of the commitee, who was at the relevant time in the knowledge of respondent No 1 at Maxico, and thus, there has been denial of reasonable opportunity of showing cause against the proposed order of supersession of the Committee and as such, there has been contravention of Section 53 (2)of the Act; (2) that the Society at the relevant time was a Society indebted to the Jila Kendriya Sahkari Bank Maryadit, Khargone (respondent No. 2)and as such, it was obligatory on the part of respondent No. 1 to have consulted the said Bank in the manner enjoined by Section 53 (7) of the Act. However, in this case there was no consuttation as envisaged by the law. Moreover, without waiting for a period of 45 days, respondent No. 1 has hastened to pass the impugned order of supersession, for this reason also it is illegal, void and inoperative.

( 4 ) ON behalf of the respondents the petition is opposed by submitting separate returns. However, the main grounds on which the petition is resisted are' (i) (a) that the petition cannot be maintained in the name of 'board of Directors' as it is not a juristic person, and (b) that the petition suffers from the defect of non-joinder of parties, inasmuch as members of the Committee, other than petitioner No. 2, have not been joined as parties to the petition ; (ii) that service of notice to show-cause oa petitioner No. 2 was not necessary, as serviee on other member of the commute is deemed to be service on all members thereof ; (Hi) that the provisions placed in Section 53 (7) are not mandatory and are merely directory in nature ; (iv) that the proviso to Section 53 (7) is for the benefit of the financing Bank. As such, no grievance can be made in respect of non-compliance thereof by the petitioner ; that (v) passing of the order of supersession prior to expiry of 45 days, does riot vitiate it, and (vi) that the alternative remedy of appeal under Section 77 of the Act being available to them, the petitioners cannot invoke the extraordinary jurisdiction vested in this Court under Articles 226/227 of the Constitution of india.

( 5 ) IT is true that the 'board of Directors' has not been given the status of a juristic person by any provision placed in the Act. By virtue of the d