RAM VISHUN SINGH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) These two writ petitions under Article 226 of the Constitution have been filed to challenge the constitutional validity of the amendments made to the Bihar Co-operative Societies Rules, 1959 (hereinafter referred to as " the 1959 Rules" ) under the Bihar Co-operative Societies (Amendment) Rules, 2008 (hereinafter referred to as " the Rules of 2008" ) and to Section 14(2) of the Bihar Co-operative Societies Act, 1935 under the Bihar Co-operative Societies (Amendment) Act, 2013 (Bihar Act 6 of 2013).

(2.) The petitioners in C.W.J.C. No.11483 of 2011 claim to be the elected Chairman of the concerned Vyapar Mandal Sahyog Samitis, the members of the electorate of the Bihar State Co-operative Marketing Union Limited (BISCOMAUN), an Apex Society. According to the petitioners, Vyapar Mandals comprise the members in four categories (i) Primary Co-operative Societies; (ii) The Individual Farmers; (iii) The Individual Traders; and (iv) The State. Under the constitution of the Vyapar Mandal, the individual traders do not have a right to vote at the general meeting of the Vyapar Mandal nor do they have a right to participate in the management of the Vyapar Mandal. The Vyapar Mandals are affiliated to the Central Co-operative Bank of the District and are also affiliated to the Bihar State Co-operative Marketing Union Limited. They also have a right to contest election for the Board of Directors of the Central Co-operative Bank.

(3.) Although the petitioners are not specific about the challenge to the Rules of 2008, in the submission of the learned Counsel, the Rules undermine the autonomy of the Co-operative Societies and the very scheme of the Constitution. The Rules are also bad because it amounts to excessive subordinate legislation.