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Judgment
With the consent of the parties, the case is heard finally. This petition has been filed against the judgment passed by the M.P. State Co-operative Tribunal, Bhopal in Second Appeal No. 127/2011, whereby the Tribunal accepted the appeal filed by the respondent No. 2.
The dispute is between two cooperative societies viz. the present petitioner and respondent No. 2. The petitioner was granted lease of Makravada Pond for a period of seven years. The aforesaid period came to an end on 30th June, 2010. The petitioner submitted an application for renewal of lease, but renewal was not granted and in the meantime on the basis of recommendations made by the officers, Deputy Registrar granted permission of registration to respondent No. 2-society. The petitioner challenged the aforesaid registration on the ground that the registration was not in accordance with Section 6 of the M.P. Co-operative Societies Act, 1960 (for brevity "the Act of 1960") because the respondent No. 2-society does not fulfill the aforesaid qualification. The Joint Registrar remanded the matter back to the Deputy Registrar against which a Second Appeal was filed and the Co-operative Tribunal vide impugned judgment set aside the order passed by the Joint Registrar and upheld the order of registration of respondent No. 2-society. The Tribunal has observed that there were allegations against the petitioner in regard to mismanagement and a police report was also lodged. The petitioner had lease of two ponds, hence, it would be just and proper that the respondent No. 2-society be permitted to operate under the area of Cooperative Society.
The learned counsel for the petitioner submits that the respondent No. 2-society does not fulfill the qualification mentioned u/s 6 of the Act of 1960, hence, registration of respondent No. 2-society was not proper.
Section 6 of the Act of 1960 prescribes conditions of registration. The aforesaid Section is as under:-
Conditions of registration.- (1) No society, other than a society of which another society is a member, shall be registered under this Act unless it consists of at least (twenty) persons competent to contract u/s 11 of the Indian Contract Act, 1872 (IX of 1873) and belonging to (twenty) different families, not being near relations and, where the objects of the society include the creation of funds to be lent to its members, unless such persons, save where the Registrar by general or special order otherwise directs, reside in the same town or village or in a compact group of villages:
In accordance with the aforesaid Section, at least there shall be twenty persons as members at the time of constitution of the society and the aforesaid members shall belong to different families. The proviso of the aforesaid Section further prescribes that in a primary society there must be at least 33 percent women members at the time of registration, however, that condition could be relaxed by the Registrar for sufficient reasons. If there is any violation of the aforesaid provisions the petitioner is at liberty to submit a representation before the Deputy Registrar and he shall consider the same in accordance with law.
With the aforesaid observation, the Writ Petition is disposed of. No order as to costs.