IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE VIVEK RUSIA th ON THE 11 OF SEPTEMBER, 2023 WRIT PETITION No. 22672 of 2023 BETWEEN:-

KASHIRAM S/O KISHANLAL BORIWAL, AGED ABOUT 81 YEARS, OCCUPATION: RETIRED R/O 31 BINOBA NAGAR NEEMUCH (MADHYA PRADESH)

.....PETITIONER (BY SHRI NANDLAL TIWARI - ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY MINISTRY OF CO OPERATION VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2. THE M.P. STATE CO OPERATIVE TRIBUNAL VINDHYANCHAL BHAWAN, GF, B BLOCK, BHOPAL (MADHYA PRADESH)

3. JOINT REGISTRAR CO OPERATIVES SOCIETIES NEEMUCH, DIST. NEEMUCH (MADHYA PRADESH)

4. ASSISTANT REGISTRAR CO OPERATIVE SOCIETIES NEEMUCH DIST. NEEMUCH (MADHYA PRADESH)

5. M.P. VIDYUT MANDAL PENSIONERS SHAKH SAHAKARI SAMITI MARYADIT THROUGH CHAIRMAN BHUPAL SINGH S/O KISHAN SINGH RATHORE NEMUCH CITY ROAD, NEEMUCH (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI RAJWARDHAN GAWDE - G.A.)

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

ORDER

Signature Not Verified Signed by: PRAMOD The petitioner has filed this petition being aggrieved by the Second Appeal No.11/22 allowed by M.P. Co-operative Tribunal.

2. The general elections in respondent No.5/Union were held on 9/8/2019.

The petitioner instead of challenging the said election under Section 64(1)(5) of the M.P. Co-operative Societies Act, 1960, challenged the same under Section 59 of M.P. Co-operative Societies Act, 1960 before the Assistant Registrar, Co-operative Societies, Neemuch. The Assistant Registrar dismissed the same on the ground that this application is not maintainable. Thereafter, the petitioner approached the prescribed authority under Section 64(1) of M.P. Co-operative Societies Act, 1960. Vide order dated 7/1/2021, Ld. authority has dismissed the appeal. Thereafter, the petitioner preferred an appeal before the Joint Registrar, Co-operative Society, Ujjain. Vide order dated 31/12/2021, the Joint Registrar allowed the appeal filed under Section 78(1) of M.P. Co-operative Societies Act, 1960 and set aside the order dated 7/1/2021. Thereafter, the respondent No.5 approached the Tribunal at Bhopal.

3. Section 65 of M.P. Co-operative Societies Act, 1960 provides the period of limitation for raising a dispute under Section 64-1(D) M.P. Co- operative Societies Act, 1960, before the Registrar according to which when the dispute is in connection to the election of any officer of a Society, the limitation shall be of 45 days from the date of declaration of the result of such election. Admittedly, the petitioner filed an election petition beyond the period of 45 days that too without the application for condonation of delay.

4. Learned counsel for the petitioner submits that the petitioner first approached the Deputy Registrar by way of application under Section 59 of M.P. Co-operative Societies Act, 1960 for seeking an enquiry in the matter of election in which an enquiry officer was appointed vide order dated 15/11/2019.

Signature Not Verified Signed by: PRAMOD Thereafter vide order dated 21/11/2019, the said application was dismissed for want of authority and availability of remedy under Section 64 of M.P. Co- operative Societies Act, 1960, therefore, the limitation would start from 21/11/2019. So far as scope of Section 59 of M.P. Co-operative Societies Act, 1960 is concerned, the same is only in respect of enquiry pertaining to the affairs of the Society and not in respect of interference with the dispute of election. Even otherwise, under Section 59(1)(iv), if application is supported and signed by 1/3rd of the total members of the society, then only the enquiry can be initiated. Therefore, the petitioner, being an individual wrongly filed an application under Section 59 of M.P. Co-operative Societies Act, 1960 which is not maintainable.

5. For the election petition the limitation start from the date of declaration of result, therefore, the learned Tribunal has not committed any error in setting aside the order passed by