NARESH CHANDRA Vs. DISTRICT MAGISTRATE NAINITAL

JUDGEMENT

(1.) These four petitions relate to the composition of the Kshettra Samiti and the elections of the Pramukh and Up-Pramukh of the Kshettra Samiti under the U. P. Kshettra Samitis and Zila Parishads Adhiniyam 1961, henceforth referred to as the Act.

(2.) The matter concerns the constitution of the Kshettra Samiti of Block Bazpur District Nainital. The entire issue rests on the controversy of one Rachpal Singh being the representative, ex officio of a co-operative society known as Sahkari Ganna Vikas Samiti, Ltd., having its registered office at Bazpur. Rachpal Singh was elected as Chairman of the Sahkari Ganna Vikas Samiti, Bazpur by virtue of the fact that he was on its general body. So far the facts are not in issue.

(3.) To become a representative to a Kshettra Samiti the essential requirement is representation from a co-operative society, which has its registered office within the khand, in reference to a Kshettra Samiti. One must also be an elector on the assembly rolls from the area, in the khand; the co-operative society having its registered office within the khand. The reference is to Section 6 of the Act. This section provides for the composition of the Kshettra Samiti. The reference to a representation from the co-operative societies is in sub-clause (iii) of Section 6(1) of the Act. The first proviso to Section 6, refers to disqualifications. It says that no person whose name is not registered as an elector in the Assembly rolls from the area of the khand, or is otherwise disqualified on grounds mentioned in Section 13 shall be chosen a member nor co-opted to a Kshettra Samiti. The other disqualification is in reference to Section 13 which refers to disabilities whether general or for a proven misdemeanour. This disqualification is in specific reference to representation from co-operative societies under Section 6(1)(iii) and co-opted members under Section 6(2) of the Act. The disability clause, that is, Section 13 refers to conviction, insolvency, holding an office of profit with specified local bodies, having held an office with Government or a local body, having been dismissed for moral turpitude when in service, being debarred from practice as a legal practitioner by a competent authority suffering from leprosy or having been declared to have committed corrupt practice within the meaning of this Act.