IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE SANJAY DWIVEDI th ON THE 19 OF FEBRUARY, 2024 WRIT PETITION No. 3662 of 2024 BETWEEN:-

SEWA SAHKARI SAMITI MYDT. AAGAUR THROUGH ITS MANAGER LOKENDRA SINGH S/O SHRI KISHORE SINGH AGED ABOUT 44 YEARS R/O VILLAGE KHAIRO, TEHSIL AND DISTRICT CHHATARPUR (MADHYA PRADESH)

.....PETITIONER (BY SHRI ANIL LALA - ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH THROUGH THE SECRETARY COOPERATIVE DEPARTMENT MANTRALAYA VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

2. CHIEF EXECUTIVE OFFICER DISTRICT CENTRAL COOPERATIVE BANK CHHATARPUR DISTRICT CHHATARPUR (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI GIRISH KEKRE - GOVERNMENT ADVOCATE)

This petition coming on for admission this day, the court passed the following:

ORDER

Learned counsel for the petitioner, by the instant petition filed under Article

226 of the Constitution of India, is challenging the order dated 20.01.2024 (Annexure-P/1) passed by respondent No.2/Chief Executive Officer District Central Co-operative Bank Chhatarpur, whereby the authority exercising the power provided under Section 59 of the M.P. Co-operative Societies Act, 1960 Signature Not Verified Signed by: DEVASHISH (in short the 'Act, 1960') has initiated enquiry against the petitioner. It is submitted by Shri Lala, learned counsel for the petitioner that in the impugned order though it is not mentioned that power is being exercised by the Chief Executive Officer under Section 59 of the Act, 1960, but according to him, since there is no provision under which enquiry can be initiated against the petitioner, therefore, it is presumed that the authority has exercised the power under Section 59 of the Act, 1960 and initiated enquiry against the petitioner. It is contended that respondent No.2 is an incompetent authority to initiate enquiry against the petitioner as such type of enquiry can be initiated only by the Registrar, otherwise not. It is submitted that the dispute which is being questioned before this Court does not fall within the ambit of Section 64 of the Act, 1960 and as such, this petition is maintainable before this Court.

2. Considering the arguments advanced by learned counsel for the petitioner and on perusal of respective provision i.e. Section 64 of the Act,1960, which reads as under:-

"64. Disputes: - (1) Notwithstanding anything contained in any other law for the time being in force, [any dispute touching the constitution, management or business, or the liquidation of a society shall be referred to the Registrar] by any of the parties to the dispute if the parties thereto are among the following:-

(a) a society, its Board of Directors, any past Board of Directors, any past or present officer, any past or present agent, any past or present servant or a nominee, heirs or legal representatives of any deceased agent or deceased servant of the society, or the liquidator of the society ;

(b) a member, past member or a person claiming through a Signature Not Verified Signed by: DEVASHISH member, past member or deceased member of a society or of a society which is a member of the society ;

(c) a person other than a member of the society who has been granted a loan by the society or with whom the society has or had business transactions and any person claiming through such a person;

(d) a surety of a member, past member or deceased member or a person other than a member who has been granted a loan by the society, whether such a surety is or is not a member of the society;

(e) any other society or the liquidator of such a society; and (f) a creditor of a society.

(2) For the purposes of sub-section (1), a dispute shall include-

(i) a claim by a society for any debt or demand due to it from a member, past member or the nominee, heir or legal representative of a deceased member, whether such debt or demand be admitted or not;

(ii) a claim by a surety against the principal debtor where the society has recovered from the surety any amount in respect of any debt or demand due