GOBINDA CHANDRA BISOYI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioners are members of Jyoti Transport and Service Co -operative Society Limited (for short, 'the Primary Society' ), a primary service co -operative society registered under the Orissa Co -operative Societies Act, 1962 (hereinafter referred to is 'the Act'). The said Society is affiliated to Aska Co -Operative Central Bank Ltd. ('the Central Society', for shortly They have filed this writ petition seeking a declaration that the notice dated 18. 2.1994 issued by the Election Officer. Central Society is illegal and Ultra -virus since it has been made in contravention of the provisions of the Act and in violation of the cardinal principles of representative democracy. They have also prayed for quashing the order dated 17 -2 -1994 of the Asst. Registrar, Co -operative Societies, Aska Circle (Annexure 3) authorising Sri P.K. Dalai as Authorised Officer of the Society for a period of six months or till the new Committee of management is constituted whichever is earlier and for appropriate order from this Court to enable them to participate in the election to the Central Society in the same manner as other primary societies affiliated to the Central Society.

(2.) THE relevant facts as stated in the writ application may be stated thus: The election to the Managing Committee of the Primary Society was held on 29 -8 -1987. One Kasinath Behera was elected as President. When he expired on 31 -7 -1990, Shri Kishore Chandra Sarangi, petitioner No. 3, the then Vice -President took over charge as president from 1 -8 -1990. The term of the Committee expired on 29 -8 -1991 on completion of four years from the date of assumption of office as provided in Sub -section (1 -a) of Section 28 of the Act The new Committee of the Primary Society should have been constituted within six months from 29 -8 -1991, i. e. by the end of February, 1992, but no step has yet been taken for holding such election, In the meantime the election notice dated 18.2 -1994 has been issued by the Election Officer of the Central Society notifying that election of President and members of the Managing Committee to the Central Society will be held on 29 -4 -1994. It is the case of the petitioners that this has been done intentionally and purposely with a view to deny opportunity to the members of the primary society to take part in the election of the Committee of the Central Society. Despite repeated requests from the petitioners, the Asst. Registrar. Co -operative Societies(opp. party No. 4) to hold the election, no action has been taken in the matter and the affairs of the Society are being managed by the Authorised Officer nominated by the Asst. Registrar. Such action/inaction on the part of the authorities, the petitioners contend, goes against the scheme of the Act and has affected proper functioning of the Primary Society. The petitioners also allege ?mala fide on the part of the oop. parties, that is the State Govt., represented through the Secretary. Department of Co -operation (opp. party No. 1), Registrar, Co -operative Societies, Orissa (opp. party No, 2), Deputy Registrar, Co -operative Societies, Ganjam, Berhamour -curn Election Officer, Aska Co -operative Central Bank Ltd. (opp. party No. 3), Asst. Reaistra', Co -Operative Societies. Aska Circle (opp. party No. 4) in deliberately and intentionally not taking prompt action for holding the election to the Committee of the Primary Society and in proceeding to hold election of President of the Central Society.

(3.) SHRI Pitambar Acharya, learned counsel for the petitioners, raised two main contentions : (0 that the election of the president of the Central Society cannot be held till election to all the Primary Societies affiliated to the Central Society is completed ; and (ii) that inaction and/or failure on the part of the opp. parties in taking steps for holding election to the Committee of the Primary Society is contrary . to the provisions of the Act and has resulted in denial of the right of the members of the Society to elect the Managing Committee and in preventing the President of the Committee from participating in the election of President of the Central Society.