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2009 Supreme(MP) 1221

SANJAY YADAV
Ramesh Sahu – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
For Petitioner:D.K. Dixit; For Respondents/State:Harish Agnihotri, Govt. Adv.; For Respondent No. 4: Dinesh Upadhyay.

JUDGMENT : 

Appointment of respondent No. 4 as Incharge Managing Director, Madhya Pradesh Hathkargha Bunkar Sahkari Sangh Maryadit, Jabalpur, by order dated 24-3-2008, is under challenge in this writ petition under Article 226/227 of the Constitution of India.

2. The petitioner, President, Navdurga Hathkargha Vastrakala Avam Ruidhunkar Udyog Sahkari Samiti Maryadit, 901, South Miloniganj, Jabalpur, questions the appointment on the ground that the same is in violation of the provisions of section 49-E of the Madhya Pradesh Co-operative Societies Act, 1960, (hereinafter referred to as the Act of 1960).

3. Madhya Pradesh Hathkargha Bunkar Sahkari Sangh Maryadit (hereinafter referred to as Apex Sangh) is a society registered under the provisions of the Act of 1960 and is an Apex body of 491 Primary Bunkar Sahkari Sangh and the petitioner is one such primary society.

4. The contention of the petitioner is that, presently Board of Directors of Apex Society is under supersession and its affairs are managed by an authorized officer, the respondent No. 2. It is contended that section 49-E of the Act of 1960 provides for an appointment of a Managing Director for every Apex Society where the Sta





















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