IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE MANINDER S. BHATTI rd ON THE 3 OF MARCH, 2023 WRIT PETITION No. 4828 of 2023 BETWEEN:-

1. ATUL SURYAWANSHI S/O SHRI PARASNATH SURYAWANSHI, AGED ABOUT 30 YEARS, OCCUPATION: EX- DIRECTOR R/O OLD TELEPHONE EXCHANGE SUB AREA OFFICE WARD NO. 8, BHAJIPANI AT POST EKHLARA, TEHSIL- PARSIYA DIST. CHHINDWARA (MADHYA PRADESH)

2. DEVICHAND SURYAWANSHI S/O SHRI MEKHNAND SURYAWANSHI, AGED ABOUT 55 Y E A R S , OCCUPATION: DRICTOR R/O SARVOTTAM NAGAR, INFRONT OF SANJU DHABA, HOUSE NO. 20 PARTALA DIST.

CHHINDWARA (MADHYA PRADESH)

3. FIROZ KHAN S/O SHRI IBRAHIM KHAN, AGED ABOUT 42 YEARS, OCCUPATION: MEMBER ADDRESS: CHHATARPUR -1 PATHAKHERA COAL MINES TEHSIL GHORADHONGRI DISTT. BETUL (MADHYA PRADESH)

.....PETITIONERS (BY SHRI PUSHPENDRA YADAV - ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH THROUGH ITS PRINCIPAL SECETARY DEPARTMENT CORPORATION MANTRALAYA VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

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

3. THE ADDITIONAL COMMISSIONER CUM REGISTRAR COOPERATIVE SOCITIES MADHYA PRADESH VINDHYACHAL BHAWAN BHOPAL (MADHYA PRADESH)

Signature Not Verified Signed by: SHUBHAM

4. MARKETING SURYAWANSHI PRESIDENT MADHYA PRADESH RASHTRIYA KOYLA KHADAN MAZDOOR SANGH KALRI KARAMCHARI SANGH SAKH SAMITI MYDT. CHANDAMETA DISTRICT CHHINDWARA 480447 (MADHYA PRADESH)

5. M.P. STATE COOPERATIVE AUTHORITY THROUGH ELECTION OFFICER ADDRESS SECOND FLOOR WING C SATPURA BHAWAN BHOPAL (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI ARNAV TIWARI - PANEL LAWYER AND SHRI ANIL LALA -

RESPONDENT NO.4. )

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

ORDER

This is a petition assailing the impugned program for publication of voter list dated 13.02.2023 which is contained in Annexure P/3.

It is contended by the counsel that for the purposes of election of Board of Director, the list of members was published on 20.02.2023. The objection as regards the list of members were to be submitted by 27.02.2023 and those objections were to be dealt with on 28.02.2023 and thereafter, on 28.02.2023, the final list of members was to be published. The petitioners herein also submitted an objection which is contained in Annexure P/4 dated 21.02.2023. The In-charge Manager of the Society refused to accept the said objection which was addressed to the Appellate Authority as well.

It is contended by the counsel that without considering the petitioners objection, the list has been finalized therefore, the entire process initiated on the strength of Annexure P/3 has been initiated.

Learned counsel for petitioner submits that the name of the petitioner No.3 finds in the provisional list of members.

Signature Not Verified Signed by: SHUBHAM Per contra, Shri Anil Lala, Advocate submits that the present petition is not maintainable inasmuch as, the process of preparation of voter list is part of election and the same cannot be interfered as laid down by the Apex Court in the case of Shri Sant Sadguru Janardhan Swami (Moingiri Maharaj) Sahakari Dughda Utpadak Sanstha & Anr. Vs. State of Maharashtra & Ors. reported in 2001 (8) SCC 509 and thus, submits that no interference is warranted.

Shri Anil Lala, Advocate submits that so far as, the petitioner No.1 and 2 are concerned, they have already been expelled from the society and petitioner No.3 is not the voter.

Heard the rival submissions and perused the record.

In terms of the program which is appended to the order dated 13.02.2023 (Annexure P/3), an appeal against an order of registration authority as regards the disposal of objection is provided and the appellate authority is further obliged to take decision on the appeal on 10.03.2023. Therefore, it would be conducive and proper to direct the appellate authority to deal with the objections submitted by the petitioner No.3 dated 21.02.2023 (Annexure P/4).

It is directed that the Appellate Authority shall consider the said objection d