- (1.) THIS is a petition under Article 215 of the Constitution of India, read with Section 12 of the Contempt of Courts Act. 1971, for taking action against the respondent for contempt of Court on the ground that during the pendency of writ petition, that is. Champa v. Assistant Registrar. M. P. No. 593 of 1971, decided on 21-12-1974 (MP) the respondent purported to super-cede the Co-operative Society under Section 53 of the M. P. Co-operative Societies Act. 1960.
(2.) THE elections to the Co-operative Society were to be held and that action of the Election Officer was challenged by one Champa in Misc. Petition No. 593 of 1971. In that case, a stay also had been granted, restraining the Election Officer from holding the Election. That petition, we have dismissed on 21-12-1974 on the ground that it has been rendered infructuous due to lapse of time. It was during the pendency of the said writ petition that the respondent Shri R. P. Navak, Deputy Registrar. Cooperative Societies, passed the order impugned, superseding the Co-operative Society, which is now subiect-matter of a challenge in a writ petition, registered as Misc. Petition No. 1103 of 1974. That writ petition was admitted recently and it is pending for hearing after notices to the respondents.
(3.) THE contention of the learned counsel for the petitioner is that the respondent, by passing the order of supersession of the Co-operative Society during the pendencv of the writ petition, that is. Misc. Petition No. 593 of 1971, has committed a civil contempt of this Court, inasmuch as the Election Officer had been restrained from holding the elections and for no fault of the members of the Society, the Co-operative Society has been superseded by the Deputy Registrar. Cooperative Societies.;