BHASKAR PANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE order of the Election Officer dated 27 -7 -1984 rejecting the nomination of Sri Bhaskar Panda, representative of Dhaleswar Service Co -operative Society, is under challenge in the present writ petition.

(2.) THE petitioner's case, briefly stated, is that election to the Board of Directors of the United, Puri -Nimapara Co -operative Bank Limited, Puri, was scheduled to be held on 1 -4 -1964. Nimapara Branch is a constituency of the said Bank consisting of 55 co -operative Societies and of those 55, Dhaleswar Service Co -operative Society is one of them. Under the provisions of the Co -operative Societies Act, where a Co -operative Society is a member of another Co -operative Society, it shall be represented by a delegate duly authorised in this behalf by the Committee of the member -society and the authorisation remains valid for one year, unless rescinded earlier by the General Body. Since Dhaleswar Service Co -operative Society is one of the electors for election to the Board of Directors of the Puri -Nimapara Central Co -operative Bank, the said society is required to send a delegate to represent the society. The management of Dhaleswar Service Co -operative Society had been vested upon the Registrar by operation of law as contained in Section 28(1 -b) and the Registrar had appointed opposite party No. 3 as the authorised Officer to manage the affairs of the said Service Co -operative Society. A circular had emanated on 10th June, 1983 from the Office of the Registrar, Co -operative Societies, Orissa, annexed as Annexure -1 indicating that where the valid term of one year of the delegate selected by the Committee expires during the period when the management of the society is either under suspension or is under vesting with the Registrar, the administrator or the authorised Officer should convene a meeting of the General Body for the purpose of selecting the delegate of the society, so that such selection is made by a majority decision of the members of the society present in the meeting. Thus, notwithstanding the management of the affairs of the society devolving and notwithstanding the fact that the authorised Officer appointed by the Registrar has full power to manage the affairs of the society, the aforesaid circular contemplates that in the matter of selecting a delegate of the Society, it would be the power of the General Body to select its representative. The petitioner's case is that in accordance with the aforesaid circular and in a meeting held on 4 -6 -1984, the General Body of the Dhaleswar Service Co -operative Society elected Sri Bhaskar Panda as the delegate and the extract of the resolution has been annexed as Annexure -2 and the said Bhaskar Panda filed his nomination to contest in the election which was scheduled to be held on 1 -8 -1984. But the Election Officer, opp. party No. 2,rejected the nomination on the ground that Sri Panda has been selected, to represent Dhaleswar Service Co -operative Society by the authorised Officer and rot by the General Body which is in violation of the Registrar's Circular (Annexure -1) and accordingly the Election Officer held that the authorised Officer had acted beyond his jurisdiction. This order of rejection of nomination of Sri Bhaskar Panda has been, annexed as Artrtexure -4 and is being impugned in tbe present application.

(3.) THE only question which crops up for consideration is whether Sri Panda was elected to represent the Dhaleswar Service Co -operative Society in a meeting of the General Body as is asserted by the petitioner, held on 4 -6 -1984 or he was nominated by the authorised Officer, opp. party No. 3, as contended by opp. party No. 4 and as held by the Election Officer, opp party No. 2. In this Court an application had been filed by the petitioner to direct the authorised Officer, opp. party No. 3, to produce the Minute Book of the Dhaleswar Service Co -operative Society and by order dated 7 -10 -1985, the opp. party No. 3 was so directed. Pursuant to the aforesaid direction, the Minute Book of the Society was produced by the learned Standing Counsel appearing for opp. party No. 3. The said Minute Book clearly shows that in the meeting of the General Body held on 4 -6 -1984, Sri Bhaskar Panda was chosen to be the delegate of the society to participate in the election of the Board of Directors of Puri -Nimapara Central Co -operative Bank. The said resolution Book further shows that in the meeting dated 10 -3 -1984, it was decided to convene a meeting on 4 -6 -1984 and further in the agenda for the meeting dated 4 -6 -1984, the first item was to select a person to represent the society.