GURUMUKH SINGH HORA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) in this writ petition under article 226/227 of the constitution of india petitioner gurumukh singh hora has challenged the legality and validity of the Orderdated 10th january, 2002, passed by respondent no.2, registrar, co-operative societies, raipur, whereby he has assumed the charge of the chhattisgarh state co-operative marketing federation limited (for short 'the marketing federation').

(2.) the petitioner's petition is that he was initially inducted as a member of vikas sabji phal phool utpadak evam vipanan sahkari samiti maryadit, kawardha. The petitioner was elected as representative of the aforesaid samiti and thereafter, he was elected as a delegate from rajnandgaon district and he became the chairman of the madhya pradesh marketing federation for a term of five years on 4-1-1997 i.e. up to 3-1-2002.

(3.) on 18-10-2000, an ordinance namely madhya pradesh sahkari societies (punargathan aur nirman) adhyadesh, 2000, was promulgated with a view to reconstitute the existing state co-operative societies in the state of madhya pradesh by excluding their area of operation, the part of territory of the state, and to form a new body namely, chhattisgarh state co-operative marketing federation for the new state of chhattisgarh which was to come into existence on 1-11-2000. In view of the promulgation of the aforesaid ordinance, the new body came into existence on 30-10-2000. Annexure p-2 is copy of certificate of registration. In view of Section 3(2) of the aforesaid ordinance seven directors of the chhattisgarh area continued to remain as directors. The petitioner assumed charge of the office of chairman on 30th October2000. Sub-section (7-a) of Section 49 of the m. P. Co-operative societies act, 1960, (for short 'the Act') provides that term of the committee of a society shall be five years from the date on which the first meeting of the committee is held. Thus, in view of sub-section (7-a) of section 49 of the Act, the term of the society and committee was scheduled to expire on 3-1-2002. Sub-section (7-aa) of Section 49 of the Act provides that the state government may by notification for reasons to be stated therein, extend the term of committee of a society or class of societies from time to time for a total period not exceeding 12 months.