SUBHASH BEHAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) J. C. S. Rawat, J. Since there is a common question of law involved in all the petitions, therefore, all these petitions have been heard together and are being disposed of by this common judgment.

(2.) BY means of all these petitions, the petitioners have initially challenged the va lidity of the Uttarakhand Cooperative So cieties (Amendment) Ordinance, 2007 dated 22. 10. 2007 promulgated by the Governor of Uttarakhand by amending Section 29 of the Uttarakhand Coopera tive Societies Act, 2003 (hereinafter re ferred as 'principal Act, 2003 ). Thereaf ter, the aforesaid Ordinance was replaced by an Amendment Act known as "uttarakhand Cooperatives Societies (Amendment) Act, 2007 (Annexure-6 of Writ Petition No. l203 (MIB)2007) by which the tenure of the Management Commit tee of the Cooperative Societies and its elected members has been reduced from 5 years to 2 years. Consequently, the re spondent no. 4 appointed the Administra tors in all the Cooperative Societies at all levels in the State of Uttarakhand. The petitioners have challenged validity of the Uttarakhand Cooperative Societies (Amendment) Act, 2007 (hereinafter re ferred as 'amending Act, 2007'), reduc ing the tenure of the Management Com mittee and its elected members from 5 years, to 2 years, on the grounds that the sole intention of Amending Act 2007 was to dislodge the elected members of the Management Committee of Cooperative Societies to manage its affairs which is not only an infringement of the vested rights which have accrued in favour of the elected members of Committee of Man agement of the Cooperative Societies but it is an invasion over the fundamental, rights of the petitioners guaranteed under Article 19 (1 ) (c) of the Constitution of India; the Amending Act 2007 has been actuated by mala-fide and colourable ex ercise of power; the Amending Act 2007 curtailing the term of the Committee of Management is against the fundamental principle of formation of Cooperative So ciety and negates the principle of Coop erative Society.

(3.) SUB-clause (2) (3) and (4) of Sec tion 29 of the Uttarakhand Cooperative Societies Act, 2003 reads as follows : "29. Committee of Management- (1 ). . . . . . . . . . . . . . . . . . . . . . . . (2) The term of every Committee of Management shall be five years and the term of the elected members' of the Committee of Management shall be co-terminus with the term of such Committee. (3) Election to reconstitute the Com mittee of Management of a co-op erative society shall be completed in the prescribed manner under the, su perintendence, control and direction of the Registrar at least four months before the expiry of the term of the Committee of Management and the members so elected shall replace the Committee of Management whose term expires under sub-section (2); if the Committee of Management fails to do so 'then' Registrar will conduct the election before two months of expiry of the term of Management Committee. (4) It shall be the duty of Chief Ex ecutive (Secretary/gm/managing Di rector by whatsoever name he is des ignated; of the co-operative society to send to the Registrar, four months before the expiry of the term of Com mittee of Management, a requisition for conducting the election and to fur nish all such information as may be required by him within such period as may be fixed by him. "