High CourtsSingle Bench(2024) 06 MP CK 0034

Damodar Chouhan vs State of Madhya Pradesh and Ors.

Madhya Pradesh High Court · Decided on 14 June 2024

HON’BLE JUDGES
Amar Nath (Kesharwani), J
RESULT
Disposed Off
CASE NUMBER
Writ Petition No. 16285 of 2024

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

8 paragraphs · 393 words

The present writ petition has been filed under Article 226 of the Constitution of India seeking following reliefs:

"a. Issue a writ of Mandamus or any other appropriate writ or direction, directing the respondents to adhere strictly to the statutory provisions of the Madhya Pradesh Cooperative Societies Act, 1960 in the administration of Central Government Officers Housing Society Limited, Indore:

b. Issue a writ of Mandamus or any other appropriate writ or direction to declare null and void all resolutions contravening the Madhya Pradesh Cooperative Societies Act, 1960 and passed by the impermissibly constituted majority in Central Government Officers Housing Society Limited, Indore:

c. Issue an appropriate writ and direct the respondent to initiate an inquiry in respect to the illegal induction of members in the society.

d. such other and further orders that to this Hon'ble Court may deem fit, be passed"

During course of arguments learned counsel for the petitioner drew the attention of this Court towards the unlawful activities going on in society with regard to induction of new members in the respondent no.4-Society and submits that till date six representations were given to respondent Nos.2 and 3, but so far, no action has been taken and hence prayed for issuance of direction to the respondent Nos.2 and 3 to decide the representations Annexure A-1 to Annexure A-6 and also to conduct an inquiry within a period fixed by the Court before preparation of preferential list of the members of society.

It appears that despite making several representations i.e. Annexure A-1 to Annexures A-6 to the respondent authorities and looking at the nature of allegations raised by the counsel for petitioner and the fact that respondents have not decided those representations till date, although the first one was made way back in 19.08.2023, hence, limited prayer made by the petitioner is hereby allowed to the extent that respondent Nos.2 and 3 are directed to decide the representations Annexure A-1 to Annexure A-6 made by the petitioner and conduct an inquiry by taking cognizance of the facts as mentioned in Annexure A-1 to Annexure A-6 expeditiously and preferably within a period of 90 days from the date of receipt of certified copy of this order and thereafter prepare preferential list of the members of society in accordance with the findings of inquiry.

In the above terms, the petition is disposed of.