JAYANARAYAN MOHANTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) SHREE Gopinath Weavers Co -operative Spinning Mill Limited, Baliapal (hereinafter referred to as the 'Spinning Mill') is a co -operative Spinning Mill under the administrative control of the Director of Textiles and Handloom. The elected committee of management of the said Spinning Mill was removed by the Registrar of Co -operative Societies and a nominated committee consisting of the President and Assistant Director of Textiles, Balasote and Chief Executive of the Spinning Mill as members thereof was constituted by order dated March 19, 1995. By order No. 9525 dated May 17, 2000 the Director of Textiles and Handloom -cum -Additional Registrar of Co -operative Society (O) terminated the appointment of the petitioner from the presidentship of the Spinning Mill, By another order issued on the same date the Director, Textiles and Handloom nominated Sri Aswini Patra as President of the Spinning Mill. The petitioner has filed this writ petition challenging the aforesaid two orders dated May 17, 2000.

(2.) MR . P. Acharya, learned Advocate appearing for the petitioner has submitted that the power u/s. 31(2) of the Orissa Co -operative Societies Act, 1962 (hereinafter referred to as the 'Act') is exercisable by the State Government and as such the Director of Textiles acting in the capacity of Addl. Registrar of Co -operative Societies has no authority or jurisdiction to terminate the appointment of the petitioner. He has also submitted that section 31(2) of the Act is not at all attracted to the facts and circumstances of the case. Relevant sections of the Act which are material for the purpose of this case are quoted below :

(3.) THE impugned notification dated May 17, 2000 shows that the Director, Textiles and Handloom -cum -Additional Registrar of Cooperative Societies exercised powers u/s. 31(2) of the Act. Section 31 is not at all applicable to a Managing Committee nominated by the Registrar u/s. 28(2)(g)(ii) of the Act. Section 31 of the Act refers to the nominees of the Government in the regular committee of management of a society u/s. 31(1) of the Act the State Government or the Central Government or any specified authority of the Government has the right to nominate 1/3rd of the total number of members of the Managing Committee of such Society. In respect of such nominees of the Government sub -section (21 of section 31 provides that those nominated members shall hold office during the pleasure of the State Government or the Central Government or the specified authority. The committee of management constituted by the Registrar in exercise of his power u/s.28 (2)(g)(ii) is a special type of interim committee of management governed by section 28. Thus, the Director of Textiles and Handloom has clearly acted without jurisdiction and erroneously in invoking the power u/s. 31(2) of the Act in terminating the appointment of the petitioner. Moreover, the authorisation and/or order dated September 23, 1999 empowers the Director of Textiles to exercise the powers of the Registrar, The Registrar and the State Government is not the same authority. A perusal of the said Government order dated September 23, 1999 will clearly show that State Government has not authorised the Director of Textiles to exercise any power u/s. 31 of the Act.