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Prashant vs. State of M.P & Ors.
W.P. No.817/2008
18.08.2010
Shri Z. M. Shah, learned counsel for the petitioner.
Shri S. S. Bisen, learned Govt. Advocate, for the respondent/
State.
Shri V. K. Shukla
learned counsel for respondent
nos.7,8,11,12,15,16 and 20 to 25.
It is submitted by the learned counsel for the respondents
and agreed by the learned counsel for the petitioner that the
election of the Co-operative Society has already taken place and,
therefore, the matter is required to be decided by the Co-operative
Tribunal under section 64 of the M.P. Co-operative Societies Act,
1960 (hereinafter referred to as the Act).
In such circumstances, without entering into the merits of the
case, specifically the allegations regarding the illegality in the
election of the Society, the petition filed by the petitioner is
disposed of with liberty to the petitioner to raise a dispute before the
competent forum under the provisions of the Act and in case the
petitioner does so alongwith a copy of the order passed today and
a copy of the petition, the said dispute shall be heard and decided
on merits and shall not be dismissed only on the ground of
limitation.
With the aforesaid liberty the petition, filed by the petitioner,
stands disposed of.
C.C as per rules.
( R. S. JHA )
JUDGE
mms/-
