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1993 Supreme(MP) 358

SHACHEENDRA DWIVEDI, S.K.DUBEY, R.C.LAHOTI
Dinesh Kumar Sharma – Appellant
Versus
M. P. Dugdha Mahasangh Sahkari – Respondent


Advocates:
H.N. Upadhyaya and Arun Mishra for petitioners; R.D. Jain for respondents.

ORDER

S.K. Dubey, J. -- 1. The two petitions have come up before this Full Bench on a reference by a Division Bench of this Court constituted by one of us (S.K. Dubey,J.) and Shri S.K. Chawla, J. Before the Division Bench, during the course of hearing, a preliminary objection was raised by the respondents that the respondent No.1, the Madhya Pradesh Dugdha Maha Sangh Sahkari Maryadit, Bhopal, was registered on 13.5.1980 by the Registrar, M.P. Co-operative Societies, Bhopal (for short, the 'Registrar') under section 9 of the M.P. Cooperative Societies Act, 1960 (for short, the' Act'), and was classified as 'Federal Society' vide registration certificate (Annexure R/4), whereby bye- laws (Annexure R/5) were also approved under section 9 of the Act by the Registrar. The respondent No.2 was registered as a Co- operative Society on 4.7.1983 and classified as 'Central Society,' which also had its own approved bye-laws, Annexure RI7. The two societies are not rendering any important public service nor are carrying out governmental activity and governmental functions of vital importance; therefore, the respondents are not "the State" within the dynamics of Article 12 of the Constitution of




































































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