ORDER

Petitioner has filed this writ petition under Article 226 of Constitution of India challenging order dated 10.07.2023 & 11.07.2023 passed by Joint Registrar Co-operative Societies Sagar Division Sagar and Registrar Cooperative Societies Bhopal (MP) respectively.

2. On 10.07.2023, Commissioner Co-operative Societies Bhopal directed Joint Registrar Co-operative Society Sagar to pass orders for appointment of Respondent No.6 namely Shri Karunendra Pratap Singh, Member of Service Co-operative Society Madhopur as Administrator of District Co-operative Central Bank Chhatarpur. In said letter, it was also mentioned that earlier order No./law/2023/813 dated 9.06.2023 was circulated to appoint the Collector as Administrator. Joint Registrar, Sagar on 11.07.2023 passed an order giving reference to Section 49-7(a)/(b) of MP Cooperative Societies Act, 1960 and appointed Respondent No.6-Karunendra Pratap Singh as Administrator. 3 . Counsel appearing for petitioner submitted that statutory term of appointment of Board of Directors according to Section 49(7-A)(a) of MP Co- operative Societies Act is 5 years. Term of Board of Directors came to an end on 08.06.2023. Consequently, Collector was appointed as Administrator vide order dated 09.06.2023 but on recommendation and directions of Registrar, Cooperative Societies, respondent No.6 was appointed as Administrator vide order dated 11.07.2023. Counsel appearing for petitioner relied upon the definition of Administrator mentioned in Section 2(a-ii) of MP State Cooperative Societies Act, 1960 and submitted that any person eligible for election as a member of Board of Directors of Society or same class of society can be appointed as an Administrator. Respondent No.6 was appointed as Administrator under political pressure despite not having eligibility for being appointed. It is submitted that Joint Commissioner Co-operative Societies (MP) called for a report from Commissioner Sagar Division-Sagar regarding eligibility of Respondent No.6 to be appointed as an Administrator without waiting for report on eligibility of Respondent No.6, he was hurriedly appointed as Administrator. It is submitted that Respondent No.6 was elected from Madhopur Society as representative and his term expired on 04.03.2018. Thereafter, no fresh elections have taken place and society is under super session. He is also defaulter and facing proceedings under Section 58-B for recovery. In such circumstances, appointment of Respondent No.6 as Administrator is contrary to law and order dated 11.07.2023 may be quashed. 4 . Learned Advocate General appearing for Respondent Nos.1 to 4 raised preliminary objection regarding maintainability of the petition. It is submitted that order dated 11.07.2023 is appealable before MP State Co- operative Tribunal under Section 78 of Cooperative Societies Act, 1960. Said remedy is statutory and efficacious. Petitioner has filed petition without exhausting to said remedy, therefore, petition is not maintainable and deserves to be dismissed. It is further submitted that term of Board of Directors of Central Bank Chhatarpur has ended on 08.06.2023, therefore, petitioner does not have any locas standi to prefer this writ petition.

5. On merits, it was submitted that definition of term 'Administrator' as contained under Section 2(a-ii) has exhaustively been amended. Such amendment was so incorporated that Registrar can appoint an eligible member of Society too as an Administrator along with government servants. Any person eligible for election as member of the Board of Directors of Society can be appointed as Administrator. Word "any person" used in said section is wide enough to include even members of Primary Co-operative Society. Respondent No.6 is Member of Sewa Sahkari Samiti Madhopur, which is Primary Agriculture Credit Co-operative Society (resource society). Looking to the statement and object as contained in Gazette Notification dated 29.07.2017, respondent No.6 being member o