Rajkumar Arya Vs. the State of Madhya Pradesh

Rajkumar Arya vs The State of Madhya Pradesh

Type Court Judgment Court Madhya Pradesh Decided Dec 17, 2012

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https://sooperkanoon.com/case/1040949

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Citation: sooperkanoon.com/1040949
Court: Madhya Pradesh High Court
Decided On: Dec 17, 2012
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Rajkumar Arya

Advocate Shri. R.B.Patel

Respondent

The State of Madhya Pradesh

Excerpt

.....elections which have been notified and published in the newspaper, a copy of which has been filed by the petitioner as annexure p-11 alongwith the petition. it is submitted by the learned counsel for the petitioner that in the circumstances the petitioner has no other alternative remedy but to approach this court and obtain orders permitting him to participate in the elections. the learned government advocate, appearing for the state/respondents, per contra, submits that the chairman has been appointed and is functioning. he, however, concedes to the fact that members of the tribunal have not been appointed. he states that process for appointment of the members is already going on and they shall be shortly appointed. be that as it may, on a perusal of the petition it is apparent that the petitioner is a member of the society which has been superseded and in the circumstances he is prima facie disqualified to contest the election in view of section 53(12) of the m.p.cooperative tribunals act, 1960 and that proceedings against the aforesaid supersession is pending before the tribunal. in such circumstances, i am of the considered opinion that an interim order permitting the petitioner to contest the election cannot be issued, more so, as the election has already been notified in accordance with the statement of the petitioner himself. in the circumstances, the petition filed by the petitioner is disposed of with liberty to the petitioner to take up further issues before the tribunal in the pending proceedings before it, in accordance with law. with the aforesaid liberty the petition filed by the petitioner stands disposed of. c.c.as per rules. ( r.s.jha ) judge mct

Full Judgment

W.P.No.19998 / 2012 (Rajkumar Arya..Vs..State of M.P.& otheRs.17-12-2012 Shri R.B.Patel, learned counsel for the petitioner.

Shri P.

Dharmadhikari, learned G.A.for the State/respondents.

Heard on the question of admission and interim relief.

The petitioner has filed this petition being aggrieved by the fact that the proceedings taken up by the petitioner before the Cooperative Tribunal, Bhopal against the order of supersession of the Society is not being decided on account of absence of a member as a result of which the petitioner is being treated to have been disqualified for participating in the elections which have been notified and published in the newspaper, a copy of which has been filed by the petitioner as Annexure P-11 alongwith the petition.

It is submitted by the learned counsel for the petitioner that in the circumstances the petitioner has no other alternative remedy but to approach this Court and obtain orders permitting him to participate in the elections.

The learned Government Advocate, appearing for the State/respondents, per contra, submits that the chairman has been appointed and is functioning.

He, however, concedes to the fact that members of the Tribunal have not been appointed.

He states that process for appointment of the members is already going on and they shall be shortly appointed.

Be that as it may, on a perusal of the petition it is apparent that the petitioner is a member of the Society which has been superseded and in the circumstances he is prima facie disqualified to contest the election in view of Section 53(12) of the M.P.Cooperative Tribunals Act, 1960 and that proceedings against the aforesaid supersession is pending before the Tribunal.

In such circumstances, I am of the considered opinion that an interim order permitting the petitioner to contest the election cannot be issued, more so, as the election has already been notified in accordance with the statement of the petitioner himself.

In the circumstances, the petition filed by the petitioner is disposed of with liberty to the petitioner to take up further issues before the Tribunal in the pending proceedings before it, in accordance with law.

With the aforesaid liberty the petition filed by the petitioner stands disposed of.

C.C.as per rules.

( R.S.Jha ) Judge mct

Same Court & Year Madhya Pradesh · 2012 Same Parties Rajkumar Arya vs The State of Madhya Pradesh Same Subject Education