- (1.) Heard Shri A. Sachikumar, learned counsel appearing for the petitioner; Shri R.K. Nokulsana, learned Sr. Advocate assisted by Shri Danny H., Advocate appearing for the respondent Nos. 1 to 5, Shri L. Anand, learned counsel appearing for the respondent Nos. 10, 11 and 12 and Smt. Th. Sobhana, learned Government Advocate appearing for the respondent Nos. 6, 7, 8 and 9.
(2.) The instant writ petition has been filed by the petitioner society questioning and challenging the judgment and order dated 29 -10 -2013 passed by the Manipur State Co -operative Tribunal, Lamphelpat (herein after referred to as the "Tribunal") in Co -operative Case No. 3 of 2013 on the ground of lack of jurisdiction.
(3.) Since the issue involved herein is purely a question of law as to the interpretation of the provisions of Section 149 and 152 of the Manipur Co -operative Societies Act, 1976 ( hereafter referred to as the "Act"), the detailed facts are not required to be narrated herein. However, certain facts which are required in order to appreciate the question of law, are being narrated herein. 3.2 The facts as borne out from the materials placed on record by the parties are that the petitioner namely Keirak Gram Panchayat Level Multipurpose Co -operative Societies Ltd. (hereafter referred to as the "petitioner society") and the respondent No. 1 namely, Wabagai Keirak Gram Panchayat Level Multipurpose Co -operative Societies Ltd. (hereafter referred to as the "respondent society") are the societies registered under the provisions of the said Act. Before the registration of the Petitioner society, the area of operation of the respondent society includes that of the petitioner society. 3.3 On 22 -06 -2011 the District Co -operative Officer, Thoubal, issued a show cause notice to the respondent society requiring its Board of Directors to give their replies to which the respondent society furnished its reply on 06 -07 -2011 with relevant documents which was received by the office of the Registrar, Co -operative Societies on 11 -07 -2011. On 11 -11 -2011 the District Co -operative Officer, Thoubal issued an order superseding the Board of Directors of the respondent society headed by Shri L. Ibohal Singh with immediate effect until further order. In the meantime, on a joint application of Sri M. Mangoljao Singh and six others for registration of seven PACS, the Additional Registrar, Co -operative Societies, Manipur addressed a letter dated 04 -11 -2011 to the District Co -operative Officer, Thoubal to examine the feasibility for registration of 7 (seven) PACS after proper division of assets and liabilities from the adjoining and existing PACS as per the provisions of the Act and rules made there under and on receipt thereof, the District Co -operative Officer advised the Assistant Registrar, Co -operative Societies, Kakching to conduct a spot enquiry for registration of the GPL Societies vide its letter dated 09 -11 -2011. After the enquiry having been completed, the Assistant Registrar, Co -operative Societies, Kakching issued a notification dated 17 -11 -2011 under Section 9(1)(a) of the Act informing the public that the petitioner society had been registered and a Certificate of Registration dated 17 -11 -2011 was issued by it. On 22 -11 -2011, the District Co -operative Officer, Thoubal issued an order appointing as many as five persons as the members of the Board of Administrators including Saranthem Birmani Singh who was later elected as the President of the respondent society with the approval being communicated vide letter dated 05 -12 -2011 of the Assistant Registrar, Co -operative Societies, Kakching. 3.4 Being aggrieved by the said order dated 11 -11 -2011 passed by the District Co -operative Officer, Thoubal, the respondent society through Shri K. Sanatomba Kom filed a Co -operative Appeal Case No. 1 of 2012 before the Registrar, Co -operative Societies wherein Shri S. Birmani Singh, the President of the respondent society and some others were not arrayed as party and an interim order dated 28 -03 -2012 had been passed thereon. On an application being Co -operative Misc. Case No. 3 of 2012 filed by Shri S. Birmani Singh and ors., the Presiding Officer, Co -operative Tribunal vide its order dated 03 -11 -2012 disposed it of with the direction that the appeal be disposed of within a month there from after the applicants being impleaded as party and the interim order dated 28 -03 -2012 should not be given effect to. During the pendency of the said appeal, the respondent society and others filed a Co -operative Revision Case No. 3 of 2013 before the Tribunal challenging the registration of the petitioner society which was disposed of vide impugned order dated 29 -10 -2013 of the Tribunal holding that the establishment of the petitioner society is in violation of the Section 17 and 18 of the Act and accordingly, the Tribunal has quashed and set aside the registration of the petitioner society. Being aggrieved by the impugned order, the petitioner society has challenged it by way of the present writ petition. ;