INDULAL NISHAD Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By this writ petition filed under Articles 226/227 of the Constitution of India the petitioner'who was the President of Chhattisgarh State Co-operative Fish Federation (hereinafter referred to as 'Fish Federation') has questioned the order dated 23-12-2003 (Annexure P/5) on the ground that the impugned order is arbitrary, illegal and contrary to the law and the same being without jurisdiction with mala fide intention and in a colourable exercise of power whereby the Registrar Co-operative Societies under sub-section (13) of Section 53 of the Chhattisgarh Co-operative Societies Act 1960, in partial modification of the earlier order dated 10-7-2003 appointed Shri N. L. Tandon, Deputy Registrar, Co-operative Societies as officer-in-charge in place of the Board of Directors.

(2.) Brief facts giving rise to filing of this petition are that on reorganization of the State of Madhya Pradesh, a new State of Chhattisgarh was carved out of the State of Madhya Pradesh and the new State came into existence on 1st November 2000. As a consequence of that the existing Fish Federation of the State of Madhya Pradesh was reconstituted as per the provisions of Chhattisgarh Sahkari Society (Punarghatan Aur Nirman) Adhyadesh, 2000. The Fish Federation came into existence on 30th October 2000 and the Commissioner, Co-op-erative and Registrar, Co-operative (Madhya Pradesh) issued registration certificate under the provisions of Section 9(1) of the Act, 1960 as per Annexure P/1.

(3.) The Fish Federation was constituted with an object of Pisciculture, fish rearing, marketing of fish and overall development of fisheries. As per the Clause 1 of bye-law 30 of the registered Bye-laws of the Fish Federation after registration, first Board of Directors of Fish Federation was to be nominated by the Registrar for the period of one year or till the election and the appointment was restricted among the persons who are either President or representative of the members of Society of Fish Federation. The registered bye-laws are Annexure-P/2. As per the clause 1 of bye-law 30 before nomination of the Board of Directors, the Registrar was required to appoint class-I officer as officer in charge for exercising the powers of the Board of Directors. Therefore, under the enabling powers under sub-section (13) of Section 53 of the Act, 1960 and under clause 1 of bye-law 30 of the Byelaws of the Fish Federation vide order dated 9-7-2003, the Registrar, Co- operative Societies nominated Board of Directors in which the petitioner was nominated as President of the Board of Directors of the Fish Federation as per Annexure-P3. As a consequence of that the Board of Directors started functioning in the month of August, 2003 and the meeting of the Board of Directors was held on 24th November 2003 in which the Board of Directors took some decisions to achieve the object of the bye-laws of the Fish Federation. Copy of the minutes of the meeting is Annexure-P/4.