LAXMAN LADU RAUT Vs. UNION OF INDIA

JUDGEMENT

(1.) By this petition filed under Articles 226 and 227 of the Constitution of India, the petitioners assail the letter/communication dated 20-12-2005 issued by the Director(Co-operation) with the approval of the Central Registrar of Co-Operative Societies, by which it has been clarified that the term of Office of the present Board of Directors(Respondent Nos. 5 to 20) will be 5 years from the date of election(25-1-2003).

(2.) The petitioners have assailed the said letter essentially on the ground that it is grossly illegal, arbitrary and unauthorized since the Certificate of Registration dated 1-3-2004 had fixed the tenure of the present Board of Directors to 3 years and the tenure of 5 years was for the Board of Directors to be elected in future. The petitioners have therefore sought, interalia, for a writ of certiorari or a writ in the nature of certiorari or any other writ or order and direction to quash and set aside the said clarification contained in the said letter dated 20-12-2005 and also for a further direction to Respondent No. 3-Central Registrar to appoint an Administrator to administer the affairs of respondent No. 4-Bank and to direct respondent No. 3 to forthwith hold the elections for the Board of Directors of respondent No. 4-Bank as the term of the present Board of Directors(Respondent Nos. 5 to 20) expired on 31-1-2006.

(3.) Although the petitioners' challenge is limited to the said letter dated 20-12-2005 in relation to the Certificate of Amendment of Registration dated 1-3-2004, there are two other such Certificates brought into controversy, on behalf of the respondents, namely the Certificate of Registration of Amendment dated 30-9-2002 by which the Central Registrar had registered the proposed Bye-Law No. 31 setting out the term of Office of the elected members of the Board from 3 years to 5 years and the Certificate of Registration of Amendment dated 21-1-2003 by which the Registration Certificate of Amendment dated 30-9-2002 was cancelled and the earlier proposed enblock amendment fixing the tenure of the Board for 3 years and that of the Chairman and Vice-Chairman also for 3 years was again fixed for 3 years and that is to say by virtue of the Bye-Laws No. 31 and 35(ii) of the Bye-Laws sent for registration, on behalf of the Respondent-Bank by letter dated 17-6-2002.