ABDUL GAFOOR Vs. STATE OF BIHAR

JUDGEMENT

(1.) By an order dated 16th March, 1982 N.P. Singh, J., directed that this case be placed before a Division Bench for an authoritative pronouncement on the scope of Section 65-A of the Bihar and Orissa Co-operative Societies Act, 1935 (hereinafter to be referred to as the 'Act') -- hence this case before us.

(2.) In this application under Articles 226 and 227 of the Constitution of India the petitioners have prayed for a writ in the nature of certiorari or any appropriate writ or direction quashing the order as contained in Annexure 4. There are other ancillary reliefs claimed which, it is not necessary for us to consider for the simple reason that if the order as contained in Annexure 4 is allowed to stand, the petitioners will not be entitled to any relief whatsoever; if, on the contrary, the impugned order is quashed as being illegal and without jurisdiction the other reliefs prayed for shall follow as a necessary corollary. The impugned order dated 27-6-81 as incorporated in Annexure 4 has been passed by the Minister of Co-operation, Bihar, respondent 2, by which he has admitted Miscellaneous Case 59 of 1981 and stayed further proceedings pending final hearing of the revision application before him, in the purported exercise of his power under Section 65A of the Act.

(3.) The short facts relevant for the disposal of this application are these: There is a co-operative Society, named Rajmahal Boat Traffic Co-operative Society (to be briefly called the 'society' hereinafter) in the district of Santhal Parganas, which is petitioner 4 in this application. It is a body corporate. Petitioners 1 to 3 are its office-bearers and claim to be the members of the managing committee of the society, petitioner 4. The management of the society vests in a committee of management constituted under Section 14 of the Act read with Rules 20 and 22 of the Bihar Cooperative Societies Rules (hereinafter to be referred to as the 'Rules') framed under the Act. The term of the committee of management prescribed by Section 14 (3) of the Act expired on 31st December, 1979 but the new managing committee was not constituted within the prescribed period. As a result, the old managing committee stood superseded with effect from 1st January, I980. Because of the supersession of the managing committee, the Joint Registrar, Co-operative Societies, Bhagalpur, appointed a Special Officer by his order dated 4-2-1980 for the society. Thereafter the Registrar of Co-operative Societies, Bihar, appointed the District Co-operative Officer, Santhal Parganas, at Dumka, as a Special Officer of the society. None of these Special Officers, however, convened any annual general meeting for the purpose of constitution of a regular managing committee. The result was that the society remained under suspension for a period more than a year. In the meantime, the Governor of Bihar promulgated Ordinance 21 of 1981 inserting certain provisions in Section 41 of the Act. In exercise of the power under the said Ordinance, the State Government constituted a managing committee with a direction to continue in office till 30th June, 1981 or till the election was held. The notification relating to the constitution of the managing committee was published in the Bihar Gazette Extraordinary dated 6th March, 1981. In view of the aforesaid notification, the nominated committee took over the charge of the management of the society from the District Co-operative Officer on 7th March, 1981. Thereafter, the State Government, by notification dated 28-3-1981, removed four persons from the nominated committee and nominated respondent 3 as well as three other persons in their place. Against the nomination of the four persons as above mentioned, some of the members of the society filed a writ application in this Court which was registered as C. W. J. C. 1004 of 1981, and this Court directed the status quo to be maintained by its order dated 1st April, 1981. The aforesaid writ application was disposed of by this Court, by an order dated 24th April, 1981, with a direction that the nominated committee will not disturb the distribution of Ghats amongst the members of the Cooperative Society made by the earlier committee and that the ad hoc managing committee would hold election by 30th June, 1981. A copy of that order of this Court has been marked Annexure 1. Thereafter respondent 3 and three other persons filed another writ application which was registered as C. W. J. C. 1598 of 1981 for review of the order dated 24-4-1981. That application was disposed of by order dated 13th May, 1981, re-affirming the order dated 24-4-1981, passed by this Court. Thereafter, as is claimed by the petitioners, petitioner 1 being the President of the ad hoc managing committee of the society, directed the Secretary, respondent 3, to call a meeting of the managing committee for a decision to hold an annual general meeting for the purpose of constitution of the new managing committee. Petitioner 1, in purported exercise of his power conferred by the provisions of the bye-laws, claims to have called a meeting of the managing committee on 27th May, 1981 and the said committee at its meeting, decided to call an annual general meeting on 23rd June, 1981 at 1 p. m. in the High School at Udhwa, The petitioners assert that in pursuance of the aforesaid resolution an annual general meeting was held in which 421 out of 706 members were present and an election was held constituting the new managing committee. True copy of the resolutions passed at the annual general meeting on 23rd June, 1981 has been marked Annexure 3. It is further claimed that copies of the resolutions (Annexure 3) were sent to the authorities concerned. Thereafter petitioners 1 and 3 claimed to have started functioning as members of the managing committee, In the meantime, it is alleged, respondent 3 by manufacturing resolutions of another annual general meeting alleged to have taken place on 24th June, 1981, filed a petition straightway before respondent 2, the Minister, Co-operation, for a declaration that the annual general meeting on 24th June, 1981 was the only valid one and that the general body meeting on 23rd June, 1981 was wholly illegal. On such application having been filed, respondent 2, in the purported exercise of his revisional powers under Section 65A inserted in the Act by an Ordinance, has passed the impugned order as contained in Annexure 4.