B S VISHWANATHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) This order will dispose of two applications, one moved by the petitioner for interim relief during the pendency of the writ petition and the other moved by the Indian Labour Coop. Society Limited for vacation of the exparte interim order passed in favour of the petitioner.

(2.) Prior to 1984 the Co-operative Societies registered under the provisions of Co-operative Societies Acts in the respective States but having operation in States other than where they were registered, were governed by the provisions of the Multi Unit Co-operative Societies Act 1942. The Multi-State Cooperative Societies Act, 1984 was enacted with the ostensible purpose to consolidate Co-operative Societies with objects not confined to one state and serving the interests of members in more than one state. In the present writ petition the petitioner has challenged Section 29(3) of the Act. Section 29 is reproduced as under :

(3.) Thus Sub-section (3) fetters the right of the members of a Society to elect any of its members as delegate to represent it in a Multi-State Co-operative Society. The provision restricts the representation to Chairman or the Chief Executive of a Cooperative Society and if there is no Board of a Co-operative Society, the representation is restricted to the Administrator. In other words it means that an ordinary delegate of a Co-operative Society cannot represent it in the Multi-State Co-operative Society, the representation has to be through the Chairman or the Chief Executive or the Administrator as the case may be. The petitioner is adversely affected by the provision because he has ceased to be the President or the Chief Executive of the Karnataka Bank and in view of Section 29(3) he cannot represent the said Bank even though he may be otherwise elected a delegate by the Bank for this purpose.