HIGH COURT OF MADHYA PRADESH
Mohd. Asad Alvi – Appellant
Versus
The State Of Madhya Pradesh – Respondent
WP 7970/2023
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE MANINDER S. BHATTI th ON THE 9 OF MAY, 2023 WRIT PETITION No. 7970 of 2023 BETWEEN:-
1. MOHD. ASAD ALVI S/O SHRI A.A. ALVI, AGED ABOUT 44 YEARS, OCCUPATION: MEMBER AND EX DIRECTOR AMRITPURI GRAH NIRMAN SAHKARI SANSTHA R/O 350-9/B, SAKET NAGAR BHOPAL (MADHYA PRADESH)
2. P. VASUDEVAN S/O SHRI S.P. SWAMI, AGED ABOUT 40 YEARS, OCCUPATION: MEMEBER / EX DIRECTOR OF AMRITPURI GRAH NIRMAN SAHKARI SANSTHA R/O 140 PADNABHAN NAGAR BHARKHEDA HUZUR DISTRICT BHOPAL (MADHYA PRADESH)
3. RAJESH TAYADE S/O SHRI NARAYAN TAYADE, AGED ABOUT 27 YEARS, OCCUPATION: MEMEBER / EX DIRECTOR OF AMRITPURI GRAH NIRMAN SAHKARI SANSTHA R/O 3 SHANTI NAGAR BARKHEDA PATHANI BHOPAL DISTRICT BHOPAL (MADHYA PRADESH)
4. SMT. MUKHTA HASIJA D/O DAYAL SHARAN HASIJA, AGED ABOUT 33 YEARS, OCCUPATION: MEMEBER / EX DIRECTOR OF AMRITPURI GRAH NIRMAN SAHKARI SANSTHA R/O A-150 MAHAKALI HOUSING SOCIETY BHOPAL DISTRICT (MADHYA PRADESH)
5. SURENDRA SINGH AHIRWAR S/O SHRI DEVJI AHIRWAR, AGED ABOUT 46 YEARS, OCCUPATION: MEMEBER / EX DIRECTOR OF AMRITPURI GRAH NIRMAN SAHKARI SANSTHA R/O 39 AVINASH NAGAR PHASE-I BARKHEDA PATHANI BHOPAL DISTRICT BHOPAL (MADHYA PRADESH)
6. ARUN VERMA S/O SHRI MISHRILAL VERMA, AGED ABOUT 52 YEARS, OCCUPATION: MEMEBER / EX DIRECTOR OF AMRITPURI GRAH NIRMAN SAHKARI SANSTHA R/O 131 RAJAT NAGAR PIPLANI BHOPAL DISTRICT BHOPAL Signature Not Verified Signed by: AJAY KUMAR (MADHYA PRADESH)
.....PETITIONER (BY SHRI ANKIT SAXENA - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH SECRETARY DEPARTMENT OF COOPERATIVE VALLABH BHAWAN BHOPAL (MADHYA PRADESH)
2. DEPUTY REGISTRAR COOPERATIVE SOCIETY D-
BLOCK OLD SECRETARIAT BHOPAL DISTRICT BHOPAL (MADHYA PRADESH)
3. MADHYA PRADESH STATE COOPERATIVE ELECTION AUTHORITY THROUGH ITS SECRETARY SATPURA BHAWAN BHOPAL (MADHYA PRADESH)
4. AMRITPURI GRAH NIRMAN SAHKARI SAMITI MARYADIT BHOPAL THROUGH ITS ADMINISTRATOR OFFICE OF DEPUTY REGISTRAR D-BLOCK OLD SECRETARIAT BHOPAL DISTRICT BHOPAL (MADHYA PRADESH)
5. RUFAS SHINDE S/O SHRI S.L. SHINDE R/O QONO.185 N-2/C SECTOR BARKHEDA BHEL BHOPAL DISTRICT (MADHYA PRADESH)
6. A REJENDRAN S/O SHRI D.R. MUGAM R/O NEAR MATA MANDIR BARKHEDA PATHANI BHOPAL (MADHYA PRADESH)
7. DENIS ANTHONY S/O LATE SHRI C.P. ANTHONY R/O 81 SURBHI AVENUE AWADHPURI BHOPAL DISTRICT (MADHYA PRADESH)
8. SHARDA DEVI W/O LATE SHRI HARKU PRASAD R/O B-58 AWADHPURI BHOPAL DISTRICT (MADHYA PRADESH)
9. SANJAY DALELA JOINT REGISTRAR JUDICIAL BHOPAL DIVISION BHOPAL (MADHYA PRADESH)
.....RESPONDENTS (BY SHRI ANUBHAV JAIN - GOVT ADVOCATE FOR STATE)
(BY SHRI ADITYA KHANDEKAR - ADVOCATE FOR RESPONDENT NO.3)
( BY SHRI BRIAN D'SLVA - SENIOR ADVOCATE WITH SHRI ABHIJEET Signature Not Verified Signed by: AJAY KUMAR AWASTHI AND ROHIT RAGHUWANSHI - ADVOCATES FOR RESPONDENT NO.5 TO 8)
BY SHRI KAPIL PATWARDHAN - ADVOCATE FOR INTERVENER).
This petition coming on for admission this day, the court passed the following:
ORDER
Heard on I.A. No.4966/2023 which is an application for dismissal of the writ petition.
2 . Learned senior counsel contends that the respondent No.5 has filed the aforesaid I.A. for dismissal of the writ petition on 12-4-2023 and a copy of the same was supplied to the learned counsel for petitioners. Yet, as of now, no reply to the said application has been field and there is an order of status-quo by this Court on account of which the process of election of the Society has come to a standstill.
3. Learned senior counsel submits that memberships of the present petitioners were terminated by a resolution passed by the Society way-back on 25-12-2022. The said resolution which has been brought on record along with the application for dismissal of the writ petition, has not been challenged by the petitioners.
4. It is contended by the learned senior counsel that termination of membership of the Society is amenable to the jurisdiction of the Registrar in terms of Section 19-C(1)(a) of the M.P. Co-operative Societies Act, 1960 [hereinafter referred as the "Act of 1960"]. The
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