PRAFULLA PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner, who is a member of the Agency Marketing Co-operative Society Ltd., Tikabali (hereinafter referred to as 'the Society') has filed this petition praying for issuance of an appropriate writ, direction or order declaring Clauses 30 and 31 of the Bye-laws of the Society unconstitutional and void, and for a declaration that reservation of the said constituency for women for the second time is violative of Article 14 of the Constitution. His further prayer is for issuance of a direction commanding the opposite parties not to reserve any constituency for women or in the alternative to reserve the constituencies on rotation.

(2.) The case of the petitioner is that action of the Society in reserving 1/3rd of the constituencies for women is contrary to the statutory provisions and is, therefore, bad in law. It is submitted that reservation of five constituencies out of fifteen constituencies is bad as Clauses 30 and 31 of the Bye-laws are illegal, arbitrary and irrational. It is further submitted that reservation of constituencies, namely, Tikabali, Raikia, Phulbani, Baliguda and Kotagada for women as per the bye-laws of the Society is bad in law and violative of rights guaranteed under Article 14 of the Constitution as by parmenent reservation, the women from other constituencies will be deprived of being elected from reserved constituencies and likewise, the male members of these constituencies will for all times to come have to be debarred from contesting the election.

(3.) In response to the notice issued by this Court, opposite parties 3 and 4 have entered appearance and filed their counters. It is the case of opp. party No. 4 that initially the Society was divided into twelve constituencies, out of which four were reserved for women members. However, after amendment of Section 20 by the Orissa Co-operative Societies (Amendment) Act, 1994, by Act 23 of 1994 which came into force with effect from 1-1-1995, the Bye-laws of the Society were amended whereunder the then existing twelve constituencies were reconstituted into fifteen constituencies out of which five were reserved for women. This amended provision provides that in case of a Primary Society other than a large scale multipurpose Adivasi Co-operative Society, Primary Agricultural Credit Co-operative Society and a Service Co-operative Society including a Farmers' Service Co-operative Society, 1/3rd of the total number of elected members of the Committee shall be women. It is also averred that considering the fact that the Act does not provide for reservation of constituencies by rotation, the action of the Society is reserving five constituencies cannot be said to be illegal.