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GURPAL SINGH AHLUWALIA
Shivdayal Shandilya – Appellant
Versus
State of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. application for vacating stay fixed for consideration. (Para 1 , 2) |
| 2. petition filed under article 226 for various reliefs. (Para 3 , 4) |
| 3. challenging the competence and process of supersession. (Para 5 , 15 , 19) |
| 4. opposition to the petition regarding justification of disqualifications. (Para 6 , 16) |
| 5. court considers legality of the supersession decision. (Para 7 , 8 , 9 , 10 , 18) |
| 6. law governing supersession of the board under m.p. cooperative societies act. (Para 12 , 17) |
| 7. petition dismissed; interim order vacated. (Para 20 , 21) |
JUDGMENT
1. Today the case is fixed for consideration of I.A.No.5580/2022, an application for vacating stay.
2. The respondent No.6 has filed its return. However, the State and its functionaries have not filed their return. For adjudicating I.A.No.5580/2022, this Court is required to hear the matter on merits, therefore, instead of deciding the application, the matter is heard finally on merits.
3. This petition under Article 226 of the Constitution of India has been filed seeking following reliefs :
a. That, in view of the fact narrated above, order issued at Annexure P/1 may kindly be quashed in the interest of justice.
b. That, due to
Provisions of Section 76(B(2) would stand somewhat on different footing. This Court when is taking a view that action could be initiated under subsection (2) only after passing order of removal, issu....
Legal action under S.78 of the Maharashtra Co-operative Societies Act must respect principles of natural justice, including the right to respond to specific charges.
The court held that an appeal against an interim order of suspension is not maintainable under the provisions of the relevant Act.
Proceedings for supersession of a committee under Section 32 of the KCS Act do not survive after the expiry of the term of the Managing Committee.
Compliance with statutory election procedures within cooperative societies is mandatory to ensure valid electoral processes; neglecting to notify ineligible voters invalidates election actions.
for any reason if a new committee or the management for any reason whatsoever is not elected before the expiry of the term or that such Committee having been held is not functioning, as is the case o....
The appointment of an Administrator for a cooperative society cannot extend beyond one year without elections, infringing on statutory governance mandates.
Appointment of a one man committee is only as an interim measure for convening meeting and holding election.
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