BALA RAM Vs. STATE OF H P

JUDGEMENT

(1.) - The petitioner is challenging the validity of Rules 41 (1) (b) and 41 (2) (b) of the H .P. Co-operative Societies Rules, 1971. The petitioner was elected as a Director of the Board of Directors, Jogindra Central Co-operative Bank, which is the fourth respondent herein, in the year 1981 and was also elected as Chairman of the Bank later.

(2.) A proceeding was instituted on a complaint from one Nand Lal, in which the membership of the petitioner in Board of Directors was challenged, on the ground that the petitioner was convicted on 19.1.1959 by the Magistrate Ist Class, Arki, in a theft case under Sections 380/457, IPC. Show cause notice was issued to the petitioner and after his reply, the petitioner was found to be not qualified in view of the aforesaid rules. The petitioner challenged the said order by a Revision before the Secretary (Co-operation), State of H.P. The Secretary passed an order on 21.9.1985 dismissing the revision and holding that the petitioner was dis-qualified in view of the said rules. Thereafter the petitioner has preferred this writ petition challenging the validity of the rules themselves as the factum of convition is not in dispute.

(3.) The contention of the petitioner is that the rules are ultra-vies the Constitution of India, inasmuch as, they violate he provisions of Article 14 of the Constitution. The use of the expression ultra-vires is not proper in this case as it is not the competence of the rule making authority which is challenged. The State Government which has framed the rules is certainly competent to make the rules by virtue of Section 109, Clause (e) of the Himachal Pradesh Co-operative Societies Act. The only question is whether the rules violate any provisions of the Constitution.