NAWAL KISHORE YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner was nominated as Chairman of the Managing Committee of the Nalanda Central Co-operative Bank Limited, Nalanda by a notification issued by the State Government on 15-12-2001 (Annexure-1). In terms of that notification the petitioner was to hold office for a period of three years. In the meanwhile, Bihar Co-operative Societies (Amendment) Act, 2002 (Bihar Act 10 of 2002) came into force making a number of amendments in the Bihar Co-operative Societies Act, 1935 (hereinafter referred to as the 'Parent Act'). By Section 8(3) of the Amendment Act, Section 14(5) of the Parent Act was amended and was substituted by the following provisions:-- "Notwithstanding anything contained in any provision of this Act, Rules made there under and bye laws of the Society the existing members and office bearers nominated by the Government shall cease to be a member of the managing committee within ninety days of the publication of this Amendment Act in the official gazette, and such registered society shall have elections to the vacant posts for the remaining period of its term: Provided further that in superseded societies the Administrator of the Society shall constitute new managing committee by election within twelve months from the date of publication in the official Gazette of this Amendment Act, 2002; otherwise the Registrar shall appoint a new Administrator for a further period of three months and get the managing committee constituted by election,

(2.) The amendment Act was published in the Bihar Gazette (Extraordinary) of June 8, 2002. Counting 90 days' from June 8, 2002, the date of publication of the Amendment Act in the Official Gazette, the petitioner would be deemed to have been removed from his office on September 7, 2002. This writ petition has been filed challenging this position announced in the Press release, issued by the Managing Director of the Bank. The petitioner seeks to delay his removal from office and it is contended on his behalf that 'publication in the Official Gazette' does not oniy mean printing of the Act in the Gazette. According to the petitioner, the expression 'publication in the gazette' means much more than that.

(3.) Mr. S.S. Asghar Hussain, learned Senior Counsel appearing in support of this petition submitted that 'publication in the Official Gazette' has been interpreted to mean, apart from printing in the Gazette, a wider circulation and dissemination of the information about the amendment in the Act among the general public. In reply to a specific query as to from which date the period of 90 days might be counted, Mr. Hussain replied that the period of 90 days could be counted at least from the date the copy of the Gazette, in which the Amendment Act was published, was received in the concerned department.