IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VINAY SARAF st ON THE 31 OF MAY, 2024 WRIT PETITION No. 15067 of 2024 BETWEEN:-

JAI KRISHAN CHOUBEY S/O SHRI VIJAY DEO CHOUBEY OCCUPATION: DEPUTY CHAIRMAN IN DISTRICT CO- OPRATIVE CENTRAL BANK MYD. CHHATARPUR WARD NO. 8 BAGRAJAN BY PASS ROAD CHHATARPUR (MADHYA PRADESH)

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

AND

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

2. THE REGISTRAR COOPERATIVE SOCITIES BHOPAL DISTRICT BHOPAL (MADHYA PRADESH)

3. SHIVENDRA DEO PANDEY JOINT REGISTRAR COOPERATIVE SOCITIES SAGAR DIVISION SGAR (MADHYA PRADESH)

4. DR. ARUN MASRAM DEPUTY REGISTRAR COOPERATIVE SOCITIES CHHATARPUR DISTRICT CHHATARPUR (MADHYA PRADESH)

5. KARUNENDRA PRATAP SINGH ADMINISTRATO DISTRICT COOPERATIVE BANK CHHATARPUR DISTRICT CHHATARPUR (MADHYA PRADESH)

6. U . D . PAN CH AL RETIRED COOPERATIVE INSPECTOR AND EX ADMINISTRATOR SEVA SAHKARI SAMITI DHADARI R/O 34 VISHNU VIHAR COLONY BEHIND NO.1 GOVT. HIGHER SECONDARY SCHOOL DISTRICT (MADHYA PRADESH)

7. P.K. KHARE COOPERATIVE INSPECTOR DAMOH Signature Not Verified Signed by: SHUBHAM AND ADMINISTRATOR SEVA SAHKARI SAMITI GATHORA OFFICE OF ASST. REGISTRAR COOPERATIVE SOCITIES DAMOH DISTRICT (MADHYA PRADESH)

8. RAM AVTAR MISHRA SOCIETY MANAGER SEVA SAHKARI SAMITI GATHORA TEHSIL AND DISTRICT CHHATARPUR (MADHYA PRADESH)

9. RAGHVENDRA SINGH CHAUHAN SOCITEY MANAGER SEVA SAHKARI SAMITI DHADARI TEHSIL AND DISTRICT (MADHYA PRADESH)

.....RESPONDENTS (SHRI ANVESH SHRIVASTAVA - CAVEATOR AND SHRI AMIT SETH -

DEPUTY ADVOCATE GENERAL)

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

ORDER

Present petition is preferred by petitioner assailing the order dated

13.05.2024 passed by Joint Registrar Co-operative Societies Sagar Division Sagar, whereby the objections raised by petitioner upon appointment of respondent No.5 as Administrator in District Co-operative Central Bank, Chhatapur were rejected and respondent No.5 was appointed as Administrator of District Co-operative Central Bank, Chhatarpur.

2. Learned Government Advocate appearing on behalf of State raised preliminary objection regarding the availability of alternate remedy. He has pointed out that the order passed by Joint Registrar on 13.05.2024 is appellable before M.P. State Co-operative Tribunal according to Section 78(1)(b) of M.P. Co-operative Society Act and, therefore, the petitioner be relegated to the Tribunal.

3. Learned counsel for respondent No.5 supported the arguments of Government Advocate.

Signature Not Verified Signed by: SHUBHAM

4. Per contra, learned counsel for petitioner submits that in the present matter pure legal question is involved regarding the eligibility of respondent No.5 and as per the petitioner, respondent No.5 is not eligible to be appointed as Administrator of District Co-operative Central Bank, Chhatarpur and, therefore, the present petition can be entertained.

5. After hearing both the parties, it appears that in the case there are some disputed question of facts are involved. As per the petitioner respondent No.5 is not eligible to be appointed as he is not representative of any primary society and only being a member of primary society, he cannot be appointed as Administrator, whereas as per Government Advocate, respondent No.5 is eligible to be elected as representative of primary society, he may be further elected as Director of Bank and, therefore, he is eligible.

6. Considering the aforesaid, in the opinion of this Court, the petitioner should avail alternate remedy by approaching the Co-operative Tribunal and resultantly, the present petition is disposed of with liberty to petitioner to approach to M.P. State Co-operative Tribunal by assailing the order passed by Joint Registrar.

7. If petitioner chooses to prefer appeal before Co-operative Tribunal, the same shall be decided on merits within 60 days from the date of filing of appeal.

8. With the aforesaid, present petition