IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE MANINDER S. BHATTI th ON THE 5 OF APRIL, 2023 WRIT PETITION No. 6710 of 2023 BETWEEN:-

BABULAL @ BABURAM S/O SHRI CHANNU RAIKWAR, AGED ABOUT 27 YEARS, OCCUPATION: MEMBER/BOARD OF DIRECTORS MASTSYA UDYOG SAHKARI SAMITI MARYADIT SINGHPUR DISTRICT CHHATARPUR R/O VILLAGE BAROHA TEHSIL LAVKUSHNAGAR DISTRICT CHHATARPUR (MADHYA PRADESH)

.....PETITIONER (BY SHRI R.K. VERMA - SENIOR ADVOCATE WITH SHRI ASHISH DATTA -

ADVOCATE)

AND

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

2. THE COMMISSIONER, COOPERATIVE CUM REGISTRAR COOPERATIVE SOCIETIES DISTRICT BHOPAL (MADHYA PRADESH)

3. M.P. STATE COOPERATIVE ELECTION AUTHORITY, B H O PA L DISTRICT BHOPAL (MADHYA PRADESH)

4. DEPUTY REGISTRAR, COOPERATIVE SOCIETIES, CHHATAR PUR DISTRICT CHHATARPUR (MADHYA PRADESH)

5. REGISTRIKARAN OFFICER, MATSYA UDYOG SAHKARI SAMITI MARYADIT, SINGHPUR DISTRICT CHHATARPUR (MADHYA PRADESH)

6. SHRI KALICHARAN RAIKWAR S/O SHRI SARMAN RAIKWAR OCCUPATION: EX PRESIDENT, MATSYA UDYOG SAHKARI SAMITI MARYADIT Signature Not Verified SINGHPUR R/O VILLAGE GILOTA, TEHSIL LAVKUSHNAGAR, DISTRICT CHHATARPUR (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI JUBIN PRASAD - PANEL LAWYER FOR THE RESPONDENT/STATE, SHRI ADITYA KHANDEKAR - ADVOCATE FOR THE RESPONDENT NO.3 AND SHRI VISHNU CHANDRA DWIVEDI - ADVOCATE FOR THE RESPONDENT NO.6 )

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

ORDER

This petition has been filed by the petitioner assailing the final list of member dated 21.02.2023 contained in Annexure P/7 and also order dated

13.03.2023 contained in Annexure P/12.

2. It is contended by the Senior Advocate for the petitioner that the petitioner is member of the Board of Director of Matsya Udyog Sahkari Samiti Maryadit, Singhpur, District-Chhatarpur which is a society registered under the provisions of Madhya Pradesh Co-operative Societies Act, 1960. The respondent No.6 was elected as President of the Society for a period of 5 years and completed the said period on 13.12.2022. It is further contended by the Senior Advocate that Society had a valid list of 119 members which were inducted in terms of the provisions of Clause 33 of bye laws of the Society Act, 1960. Yet, a list of 216 members was issued and the said list was objected to by the present petitioner and even was challenged by filing an appeal before the Deputy Registrar, Co-operative Societies, Chhatarpur (respondent No.4). It is also contended by the Senior Advocate that various ineligible persons were inducted as members and eligible persons were left out, therefore, in absence of the eligible members, there could not have been any election. Still, on 13.03.2023 (Annexure P/12) an order of appointment of Returning Officer has Signature Not Verified been issued and the schedule of election has commenced from 14.03.2023 and the date of election was 02.04.2023 and the election of President and Vice President has to take place on 06.04.2023. Thus, Senior Advocate submits that the entire process has been vitiated as there is violation of provisions of Clause 33 of bye laws of the Society Act, 1960 as well as Rule 19 of the Co-operative Society Rules, 1962.

3. Per contra, Shri Aditya Khandekar Advocate for the respondent No.3 contends that the present petition is not maintainable in view of the provisions of Section 64 of the Madhya Pradesh Co-operative Societies, Act, 1960 and the petitioner has a remedy to raise an election dispute in terms of Section 64 of the Madhya Pradesh Co-operative Societies, Act, 1960 and therefore, without availing the said remedy, the present petitioner has approached this Court directly. Counsel for the respondent No.3 further contends that on 02.04.2023, the Board of Directors have been elected and the Directors now will elect President and Vice President of Society by tomorrow i.e. 06.04.2023, therefore, the election process is now almost ove