High Court Of Madhya Pradesh
C. P. SEN, S. AWASTHY
ANANT SINGH - Appellant
Versus
REGISTRAR, CO-OP.SOCIETIES, BHOPAL - Respondents
MISC. PETN. 1492 Of 1984
Decided On : 08/14/1984
There can be no doubt that in order to attract section 64, two conditions have to be fulfilled (1) that the dispute must be touching the constitution, management or business of the society or the liquidation of the society and (2) the parties to the dispute must be those given in sub-section (1).
Admittedly, the petitioners and some respondents are the representatives of the respective societies which societies are the members of the District Co-operative Central Bank Ltd. Damoh. Therefore, it can be said that the dispute is between the members or persons claiming through the members and comes within the category of persons mentioned in clause (b) of section 64 (1). [ Para 4
(2) Constitution of India-Arts 226 & 227-election matter under the M. P. Co-operative Societies Act, 7960-election process should not be disturbed-alternative remedy of election petition available-no interference in writ petition.
It is true that under the proviso to clause (v) of the section 64 of the M.P. Co-operative Societies Act dispute regarding election cannot be raised till the declaration of the result but this is understandable because the election process having already started, the same has to be allowed to be completed and there should be no interference during election. The remedy would be to raise a dispute after the election is over. So normally a petition under Art.226 is not to be entertained unless there are exceptional circumstances under which the remedy under section 64 may not be adequate, just as some provision of the enactment or the rules are ultra-vires of the Constitution. 1971 JLJ 379 (FB) relied on. 1971 JLJ 650 held to be no more good law. AIR 1975 SC 2140 & AIR 1977 SC 1703 referred to. [ Para 5
( 1 ) BY this Order M. P. No. 1575 of 1984 Pritamsing v. Shri Kunjbihari Lal Guru and others is also disposed of. In the first petition the election of Shri Dharamchand Jain and Shri Kunjbihari Lal Guru as Directors of the District Co-operative Central Bank Ltd. is under challenge and also rejection of the nomination paper of petitioner No. 2 Hanuman Prasad Pathak for election as Director while in the second petition eligibility of Kunjbihari Lal Guru as President of the said Bank is under challenge.
( 2 ) THE District Co-operative Central Bank Ltd. is a Central Co-operative Society as defined by S. 2 (c-1) of the M. P. Co-operative Societies Act, 1960. Several primary cooperative societies in the Damoh district are the members of the Bank. There are resource Societies of different categories which form group "". There are Marketing societies which form group "" and there are also one group of other societies which form group "". There are 7 blocks in the Bank and from each block 2 directors from Resource Societies are elected i. e. from group "". In all 2 Directors are elected from group and one Director from group "". The President of the District Cooperative Land Development Bank Ltd. is the ex-officio Director of the Bank. There are other ex-officio Directors, namely, Collector or his nominee, Deputy Director of Agriculture, Assistant Registrar, Co-operative Societies and the Managing Director or the Manager of the Bank, Shri R. K. Dube, Sub-Divisional officer, was appointed the Returning Officer by the Collector for holding election of the Directors. The election was held on 4-6-1984. Petitioner 1 Anantsingh and respondents 8 and 9 Seth Dharmachand Jain and Shri K. B. L Guru were elected. The result was declared on 5-61984. Petitioner 2 Hanuman Prasad Pathak contested but his nomination paper was rejected as he was found to be a defaulter. M. P. 1492/84 has been filed by these two petitioners on 11-6-1984 and the declaration of result of the election of President and Vice-President was stayed by this Court on the same day. However, it appears that elections were held on 13-6-1984 but in view of the stay order declaration of the result was withheld. These two petitioners have challenged, the nomination of Shri Dalchand Rai on the ground that he represented the Large Scale Cooperative Society, Ghatera Banwar in Jabera Block, 92 members of that society were in arrears and Rs. 67,660. 75 p. was also outstanding against the Society for more than 12 months and, as such, the Society or its representatives are disqualified under S. 50-A of the Act. The President of the District Cooperative Land Development Bank, Damoh, is also an ex officio Director of the Bank. Since the Board of Directors of the Development Bank stands superseded under S. 53 of the Act and the Registrar has appointed persons to manage the affairs of the Society, Shri Gopaldas Choudhary was appointed President of the Committee. However, only the duly elected President of the Land Development Bank can become ex officio Director and, as such, Shri Choudhary could not have cast his vote in the election of the Director nor he is entitled to participate in the election of the President and Vice-President of the Bank. Petitioner 2 was a representative of the Large Scale Co-operative Marketing Society, Bansatarkheda and he had filed his nomination paper for being elected as one of the Directors of the Bank. His nomination paper was rejected by the Returning Officer on 28-5-1984 on the ground that he was indebted to Damoh Marketing Society and was disqualified under S. 50-A although he had not taken any loan but made certain purchases and the amount outstanding was paid on 28-5-1984 itself. Since his nomination paper has been rejected, Shri Dharmchand Jain and Shri K. B. L Guru have been declared elected as Directors unopposed from that Block. The petitioners therefore, challenged the election of Dalchand Rai, rejection of nomination of Hanuman Prasad Path
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