MANORANJAN PANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Questioning nomination of Rabindranath Sharma (opposite party No. 3), as President of Aska Central Co-operative Bank Limited (in short, the 'Bank') in purported exercise of power under Section 28(g)(ii) of the Orissa Co-operative Societies Act, 1962 (in short, the 'Act') by order dated 6-2-1996 by the Registrar of Co-operative Societies, Orissa, this writ application had been filed on 6-5-1998. Subsequently the said opposite party No. 3 was elected as President of the Bank, which is also challenged by amending the writ application.

(2.) Petitioner's case is that with effect from 16-8-1995 opposite party No. 3 was functioning as Additional Government Pleader, Aska in the district of Ganjan on the basis of Government letter No. 11234 dated 16-8-1995, and held office of profit making him disqualified to be either nominated or elected as the President. A reference in this context is made to Section 28(3)(j) of the Act. According to learned counsel for opposite party No. 3, petitioner has no locus standi to question either the nomination or election in a writ application without raising a dispute under Section 67-B of the Act. In any event the petitioner did not hold an office of profit.Additionally it is submitted that a writ application would not lie against the Bank which is a co-operative society.

(3.) The first question is the effect of a person holding an office of profit. The relevant provision is Section 28(3)(j). So far as relevant, it reads as follows :