BHOGENDRA SAHNI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners, State and respondents no. 3, 6, 7, 8, 9, 12 and 13. Despite notice having been validly served on all remaining private respondents there was no representation on their behalf when the matter was taken up and heard.

(2.) The petitioners have moved the Court for the following reliefs:-

(3.) At the very outset, learned counsel for the petitioners submitted that due to efflux of time, the controversy with regard to the suspension/removal from various posts of the petitioners has become partly infructuous as the term of the said Managing Committee has already expired this year and fresh elections are going to be held for constitution of a new Managing Committee. However, it was submitted that due to suspension/removal from the post of the petitioners, the issue which is under challenge in this writ petition, they are not being considered as members of Katra Prakhand Matasyajivi Sahyog Samiti Limited (hereinafter referred to as the 'Society'), and thus, are neither eligible to vote nor to stand for any post of the Managing Committee. In view thereof, learned counsel submitted that he would be restricting his prayer/relief to the extent that the petitioners be considered to be members of the Society eligible for their names to be included in the voter list and for them to stand for election to any post of the Managing Committee. Learned counsel submitted that though prior to any punitive action against the petitioners with regard to any fine being imposed on them, they being suspended or removed from the primary membership of the said Co-operative Society, there had to be adherence to the procedure stipulated in Rule 14 of the Bihar Co-operative Societies Rules, 1959 (hereinafter referred to as the 'Rules') read with bye law No. 9 (1) of the Society, the said procedure not being adopted, all subsequent actions against the petitioners have to be declared as null and void and accordingly set aside. It was submitted that Rule 14 (2) of the Rules requires that a member may be removed or expelled from the membership of a registered Society for such cause and in accordance with such procedure as may be prescribed under the bye laws. He further submitted that bye law No. 9 (1) requires that after enquiry into the conduct of the member and after necessary evidence being taken and recording reasons, either fine can be imposed or a member can be suspended or even removed. It was submitted that no show cause was ever served on the petitioners and thus, the subsequent decision of the Managing Committee or even the General Body has no meaning and is inconsequential in the eyes of law for the basic requirements of there being a show cause issued, enquiry held after taking evidence, not having been done, all secondary and consequential steps taken automatically stand vitiated.