High Court of Madhya Pradesh, Jabalpur Bench at Indore Writ Petition No.3589/2021 (Devendra Singh Tomar s/o Chhatan Singh Tomar Versus MP State Cooperative Election Authority Bhopal & others)

Indore, Dated 18.02.2021 Mr. Akashdeep Shukla, learned counsel for the petitioner.

Mr. Neeraj Gour, learned Panel Lawyer for the respondent / State of Madhya Pradesh, on advance notice.

Heard on the question of admission.

O R D E R

This petition under Article 226 / 227 of the Constitution of India has been filed by the petitioner seeking the following relief (s): -

"(7.1) That, the respondents may kindly be di-

rected to conduct elections on the aforesaid 7 vacant posts of the Board of Directors of the Silver Springs Rehwasi Sahkari Sanstha Maryadit, Indore bearing its registration no. J.R./Y.D.R./2014/2066 within a time bound period of 30 days and thereafter handover the administration of the said Society to its Board of Direc-

tors.

(7.2) Any other relief which this Hon'ble Court may consider necessary in the interest of justice, may also be granted in favour of the petitioner."

2. The petitioner herein is claiming to be a Member and Director of the Board of Directors of Silver Springs Rehwasi Sahkari Sanstha Maryadit, Indore (MP), which is a registered Cooperative Society under the provisions of Madhya Pradesh Co-operative Societies Act, 1960 (herein after referred to as “the Act”).

3. Although the counsel for the petitioner has vehe- mently argued before this court that there is no alter- native remedy available to the petitioner, however, on due consideration of the submission and on perusal of record, this court is of the considered opinion that the petitioner has circumvented the specific provision of Section 64 (2) (b) of the Act, S.64 reads as under:-

“64. Disputes: - (1) Notwithstanding anything con- tained in any other law for the time being in force, [any dispute touching the constitution, management or business, or the liquidation of a society shall be re- ferred to the Registrar] by any of the parties to the dispute if the parties there to are among the follow-

ing: -

(a) a society, its committee, any past committee, any past or present officer, any past or present agent, any past or present servant or a nominee, heirs or legal representa- tives of any deceased agent or deceased servant of the so-

ciety, or the liquidator of the society;

(b) a member, past member or a person claiming through a member, past member or deceased member of a society or of a society which is a member of the society;

(c) a person other than a member of the society who has been granted a loan by the society or with whom the so- ciety has or had business transactions and any person claiming through such a person.

(d) a surety of a member, past member of deceased member or a person other than a member who has been granted a loan by the society, whether such a surety is or is not a member of the society.

(e) any other society or the liquidator of such a society; and (f) a creditor of a society.

(2) For the purposed of sub-section (1), a dispute shall include -

(i) a claim by a society for any debt or demand due to it from a member, past member or the nominee, heir or le- gal representative of a deceased member, whether such debt or demand be admitted or not;

(ii) a claim by a surety against the principal debtor where the society as recovered from the surety any amount in respect of any debt or demand due to it from the princi- pal debtor as a result of the default of the principal debtor, whether such debt or demand be admitted or not;

(iii) a claim by a society for any loss caused to it by a mem-

ber , past member or deceased member, any officer, past officer or deceased officer, any agent, past agent or de- ceased agent, or any servant , past servant or deceased servant or its committee, past or present , whether such loss be admitted or not ;

(iv) a question regarding rights, etc., including tenancy rights between a housing society and its tenants or members; and

1 [(v) an