HORILAL CHOUHAN Vs. STATE OF C.G.

JUDGEMENT

(1.) The above captioned Writ Petitions are directed against the order of removal issued by the Deputy Registrar, Co-Operative Societies in the month of December, 2023, in the exercise of the power conferred under Rule 43-B (3) of the Chhattisgarh Co-Operative Societies Rules, 1962 (for short, the Rules, 1962), whereby the petitioners who were earlier nominated/appointed as Prescribed Officers, have been removed from their Office.

(2.) The petitioners are members of various Co-Operative Societies/Primary Co-Operative Committees and they were appointed as Prescribed Officers at their respective societies pursuant to the order issued by the competent authority.

(3.) The facts of the present case are that the petitioners were appointed/nominated as Prescribed Officers of their respective Societies in accordance with the provisions contemplated under Sec. 49(8) of the Chhattisgarh Cooperative Societies Act, 1960 (henceforth 'Act, 1960') and sub-rule 4(a) of Rule 43-B of the Rules, 1962 in the year 2022. The petitioners are Prescribed Officers (non-official) of the respective societies. They took charge as Prescribed Officers pursuant to the order issued by the Deputy Registrar, Co-Operative Societies. They were discharging their functions with utmost sincerity and honesty and there were no complaints against them. On 15/12/2023, after the change in the political scenario in the State, a notification was issued by the State Government to cancel all the political appointments/nominations, except the nominations/appointments which cannot be cancelled due to statutory compulsion. The Deputy Registrar of the Co-Operative Societies issued orders for the removal of the petitioners, who were nominated / appointed as Prescribed Officers. The petitioners have challenged the decision of the State and the orders passed by the Deputy Registrar, Co-Operative Societies.