RAM SINGH Vs. STATE OF M P

JUDGEMENT

(1.) IN these petitions the petitioners have assailed vires of section 19 (2-A) of the M.P. Co-operative Societies Act, 1960 (hereinafter referred to the 'Act') being violative of Article 19 (1) (c) of the Constitution of India.

(2.) FACTS are being referred from W.P. No. 3900/2007. Petitioner is a member of Sewa Sahkari Samiti Maryadit, Soikala, district Sheopur. It is submitted that for the purpose of election the voter list prepared by the Manager of the Society was never submitted to the committee of the society for approval. Annual General Meeting was also not convened by the Manager. Voter List (P-4) was handed over to the Election Officer on 9.1.2007. No information regarding disqualification was sent to any of the member of the society, therefore, none of the members in the voter list were disqualified. Several objections (P-5) were preferred by the petitioner being Chairman of the Society, with respect to correctness of the voters list inter alia contending that the voter list was not approved by the Board. 200 new persons were entered in the voter list whereas they were not the members of the society. 140 persons were declared defaulter, but, no intimation regarding their disqualification were served as per provision of Rule 23 (3)(b) of the M.P. Co-operative Societies Rules, 1962 (hereinafter referred to as the "Rules"). As such they could not be treated as disqualified. Certain members were not borrowing members, but, they were marked as borrowing members so that they could participate in the election. Vires of section 19(2-A) of the Act has been assailed on the ground that the aforesaid provision of the Act infringes the fundamental rights of founder members and pre-existing members of the societies guaranteed by the Constitution under Article 19(1) (c). Section 19(2-A) provides for compulsory membership to be given to those persons who are strangers and were not to be inducted by the society, they have to be inducted as member of the society by operation of the provision. As per provision contained in section 49 (8) (i) of the Act the election of the society is required to be conducted by the outgoing committee. The Registrar has declared the formal election programme (P-7) for the societies on 24.1.2006 and has fixed the date 12.2.2007 for special General Meeting for conducting the election. Election programme (P-8) was prepared. It was for the society to decide the date of Annual General Meeting. Notice issued for convening the Annual General Meeting dated 24.1.2007 was without authority. The committee was competent to fix the date and call the meeting as per bye-laws (P-10). As per the programme 31.1.2007 was the date of filing of nomination papers. As per the Co-operative Societies Rules, 1962 Rule 41 (2)(b) it should not be less than 7 days from the date of Annual General Meeting. The scrutiny of nomination was to take place on 2.2.2007, withdrawal date was 3.2.2007. Annual General Meeting was to be held on 12.2.2007, counting on the same day after one hour of the election. It is submitted that the date of Annual General Meeting should have been 6.2.2007 not 12.2.2007 as per Rule 41 (2)(b) of the Rules.

(3.) IT is further submitted in the reply filed by the respondents No. 1, 2, 3 that the voter list had been prepared as per Rule 23 (b) duly considering the provision of sections 48 (7) and 50-A. Election has been held as per the Act, Rules and Bye-laws.