MANI RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) Kaithal Primary Co-operative Agricultural and Rural Development Bank Limited is a Co-operative Society within the meaning of Haryana Cooperative Societies Act, 1984. In 1992 elections of the Managing Committee were held in terms of the provisions of the Haryana Co-operative Societies Act, 1984. The terms of the managing committee was three years. It was to expire in January, 1995. The election programme of the managing committee was published in the month of December, 1994. The petitioners contested the elections which was listed for 7-1-1995 and were declarared elected by the Returning Officer. After constitution of the managing committee, a meeting was held on 15-2-1995 and followed by another meeting on 16-5-1995. On 23-5-1995 , the petitioners were served with a letter issued by the Assistant Registrar, Co-operative Societies informing that the term of the former managing committee has been extended from 3 to 5 years and the present managing committee has ceased to exist. This had been so written in pursuance to the amendment of Section 28 of the Haryana Co-operative Societies Act and the earlier ordinance issued on 2-2-1995.

(2.) Petitioners claim that the said amendment is illegal and violative of Article 14 of the Constitution of India. It is alleged that when the term of the earlier managing committee had come to an end and the petitioners had been declared successful, they had a vested right to continue as members of the managing committee. The retrospective effect given by the Legislature in extending the term of the earlier managing committee is illegal. It discriminates between two elected members of the managing committee.

(3.) In the reply filed by respondents 1 to 3, it has been pointed that by virtue of Haryana Ordinance No. 3 of 1995 published in Haryana Government Gazettee dated 2-2-1995, the tenure of the managing committee of the Co-operative Societies has been enhanced from 3 to 5 years from 1-1-1995. As such managing committee of Kaithal Primary Cooperative Agricultural and Rural Development Bank Limited, Kaithal elected on 7-1-1992 will continue up to 6-1-1997. Subsequently, Sec. 28 of the Haryana Co-operative Societies Act, 1984 was amendment and the said Ordinance was converted into the Amendment Act No. 6 of 1995. It is denied that it discriminates between the elected members or that the amendment giving retrospective operation from 1-1-1995 is illegal.