M.P. Co-operative Societies Act, 1960 — Sections 78 & 53(1) — Order of supersession

September 7th, 2013

M.P. Co-operative Societies Act, 1960 — Sections 78 & 53(1) — Order of supersession — Direction of High Court to put back in office, Sustainability of — The Board of Directors was superseded — Writ petition preferred — High Court disposed of the writ petition directing the parties to avail of the alternative remedy — But on appeal, the Division Bench of the High Court set aside the order of supersession on the ground of non-compliance of the second proviso to section 53(1) of the Act and, directed that Board should have been put back in office — Held, High Court rightly exercised its jurisdiction under Article 226 of the Constitution and the alternative remedy of appeal is not bar in exercising that jurisdiction, since the order passed by the Joint Registrar was arbitrary and in clear violation of the second proviso to Section 53(1) of the Act — Constitution of India — Article 226 — Writ jurisdiction — Alternate remedy of appeal, Effect of.

(Para 27)

State of Madhya Pradesh v. Sanjay Nagayach[Bench Strength 2], Civil Appeal No. 4691/2013 (Arising out of SLP (C) No. 6860/2012)(16/05/2013), 2013(4) Supreme 10: 2013(7) SCALE 354: 2013(8) JT 339 [K.S. Radhakrishnan, J.: Dipak Misra, J.]

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