ORDER

1. With the consent of the learned counsel for the parties since pleadings are complete therefore petition is finally heard.

2. This petition is under Article 227 of the Constitution of India questioning the legality, validity and propriety of order dated 19.4.2022 (Annexure P/4) passed by M.P. State Co-operative Tribunal whereby the Tribunal set aside the order passed by the Joint Registrar Cooperative Society dated 30.9.2021 and approved the proposed punishment mentioned in the show-cause notice issued to the petitioners on 18.8.2021.

3. Shri Lala learned counsel appearing for the petitioners submits that a complaint was made before the Joint Registrar by some of the members of a Society i.e. Milan Machhua Sahakari Samiti, Mydt. Tekadi, Distt. Balaghat alleging that the petitioners have taken some loan for the society but that has not been repaid by them, therefore, they are not eligible to be continued as a member of the society and as such they should be expelled from the membership of the society and on their complaint an enquiry was conducted and a report was submitted before the Joint Registrar. In the enquiry report, it was mentioned that the loan has been taken by the members of the society and they were under obligation to repay the same but since they did not repay the same, therefore, they are not eligible to be continued as member of the society. The Joint Registrar after considering the enquiry report has passed an order on 30.09.2021 observing therein that the loan amount was taken by the petitioners not for the society but for their personal gains and, therefore, a show cause under the provisions of Section 19(C) M.P. Co-operative Society, 1960 was issued asking them as to why their membership from the society should not be terminated was held to be invalid and was quashed by Joint Registrar. He submits that the Tribunal although set aside the order of Joint Registrar reiterating the facts involved in the case but no reason was assigned as to why the finding given by the Joint Registrar was not sustainable and deserves to be set aside.

4. Shri Lala further submits that the order passed by the Tribunal is a nonspeaking order and therefore, the same deserves to be set aside because unless reasons are assigned in the order which is passed by the quasi judicial authority or judicial authority, the same cannot be considered to be an order in the eyes of law.

5. Shri Tiwari and Shri Saxena appearing for the respondents submit that the Joint Registrar has given a specific finding taking note of the observation made in the enquiry report and that fact has also been reproduced by Tribunal which otherwise indicates that the Tribunal was of the opinion that the observation made by the Joint Registrar in view of the facts and circumstance of the case, was not proper and therefore finally the order of Joint Registrar has been set aside. They submit that the order of Tribunal is therefore, does not call for any interference and as such Tribunal has rightly set aside the order of Joint Registrar in view of the finding and specific observation made in the enquiry report in which it is observed that the loan has been taken in the name of society, ergo it was obligatory for the members of the society to repay the same and if that is not done, the expulsion of those members was proper and therefore, setting aside the show cause notice proposing the punishment of their expulsion was also not proper on the part of the Joint Registrar, Co-operative Society.

6. After hearing the submissions made by counsel for the parties and perusal of the record, I am of the view that the Tribunal although set aside the order of Joint Registrar but not assigned any reason as to why the order of Joint Registrar was not proper and required to be set aside. The Tribunal reproduced the relevant facts in its order but not given any specific finding as to why the order of the Joint Registrar was defective and finding given therein was not sustainable an