ATAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner has come up with following prayers: (i) Act Nos. 1 of 1997 and 19 of 1998 amending Section 29 of the U. P. Co-operative Societies Act is illegal, ultra vires, unconstitu tional, being against the objective and basic structure of the Co-operative movements and has been passed with a mala fide intention and thus be struck down. (ii) Respondents be restrained from giving effect to Act 19 of 1998. (iii) THE order dated 10-7-1998, passed by Deputy Registrar, Co- operative Societies, U. P. Bareilly Region, Bareilly, as contained in Annexure 1, superseding the Committee of Management headed by the petitioner and il legally appointing the District Magistrate, Pilibhit (Respondent No. 4), as Administrator be quashed. (iv) THE Respondents be commanded to provide a time bound opportunity to the petitioner for conducting the election of the Committee of Management and till the elec tions are held they be restrained from interfer ing in his functioning.

(2.) MR. K. N. Misra, learned Counsel appearing on behalf of the petitioner con tended as follows: "the U. P. Co-operative Societies Act was enacted keeping in view the democratisation and deofficialisation as the objective of the co-operative move ment. The co-operative movement is based on co-operation, which is the back bone of economic activities and social progress of the welfare policies. It has been repeatedly emphasised that co operation is the best method for trans forming into the social reality. The ideals are enshrined in our Constitution and im plied in the socialistic pattern of the Society. Co- operative is essentially a voluntarily association of persons for their common economic interest formed on the basis of equality of opportunity. One of the most important principle of Co-opera tive Societies is their Administration to be carried on democratically. It is the object of the co-operative movement to enshrine the democratic principles amongst the members themselves and State should not by an Act or Amendment curtail the rights of a member of the Co-operative Society, The elected bodies viz. Parliament, As sembly, Zila Panchayat, Nagar Panchayat, Kshetra Panchayat and Gaon Sabha all are constituted for a period of 5 years and this will be a discrimination to limit the period of elected body of Co-operative Society for 3 years. In Kehsava Nand Bharti case it has been held that a constitutional amend ment cannot destroy the basic structure of the Constitution. In Atam Prakash v. State of Haryana, AIR 1986 SC 859, it was held that preamble to the Constitution is the guiding light. Act No. 1 of 1997 has been passed without removing the first proviso to sub- section (3) of Section 29 and ad ding sub-sections 5-A and 5-B and sub-sec tions (3) and (4) had remained untouched and without complying with the condi tions mentioned therein. The action of the State will be ultra vires and against the basic principle of the Co-operative Society. Hence this writ petition is fit to be allowed. Our decisions dated 16-7-1998 in Civil Misc. Writ Petition No. 22045 of 1998 and of today in Civil Misc. Writ Petition No. 23329 of 1998 does not consider his submissions and thus require reconsidera tion. The Chief Minister is acting mala fide which is apparent from the report of the Newspaper. "

(3.) WE have already held the com petency of the State Legislature to enact the Amendment Acts of 1997 and 1998.