SHEETAL PRASAD GUPTA Vs. STATE

JUDGEMENT

(1.) These are four writ applications challenging the vires of Bihar Co-operative Societies (Amendment) Ordinance No. 17 of 1988 and the Bihar Cooperative Societies (Amendment) Second Ordinance No. 24 of 1989. While the writ applications were pending disposal, Bihar Co-operative Societies (Amendment) Second Ordinance, 1989 (Bihar Ordinance No. 24 of 1989) was promulgated. The applications were accordingly amended. The petitioners now challenge the vires of both the Ordinances. The second Ordinance was promulgated with slight variation from the earlier one. A Bill has now been tabled in the Bihar Legislature for the enactment of the Ordinance into an Act. The only prayer of the petitioners in the four writ applications is to declare the Ordinances invalid and ultra vires the Constitution on various counts. There is no other prayer. Learned counsel for the petitioners has addressed us in regard to the action taken or apprehended to be taken by the State under the Act as well although there is no such prayer in the petitions. I have considered them out of consideration for Mr. Govind Das, learned Counsel for the petitioners. I shall have the occasion to set out in detail the submissions urged on behalf of the petitioners rather long - winded and consider how far they stand the test of judicial scrutiny.

(2.) These cases have kicked up lot of dust in the judicial firmament of this land of Bharat. The cases visited the Supreme Court even before the hearing could commence in this High Court. After the matter went to Supreme Court, the Judges constituting the Special Bench directed that the matter be heard by a different Bench. Thereafter a fresh Special Bench was constituted. When the cases were listed before the re-constituted Bench, two of my brothers S. Ali Ahmad and B.P.Sinha, JJ., expressed their embarassment in hearing the cases. The Bench was thereafter once again re-constituted and it is now before us.

(3.) Petitioner Nos. 1, 2 and 4 in C.W.J.C. No. 8249 of 1988 were Secretary, Joint Secretary and Honarary Secretary respectively of Purnea, Nawadah and Arrah District Central Co-operative Bank Limited respectively. Petitioner No.3 Tapeshwar Singh was the Chairman of the Board of Directors of the Bihar State Co-operative Marketing Union Limited, Patna (hereinafter to be called Biscomaun in short). Petitioner No.5 Prabhunath Singh was the Director of the Bihar State Land Development Bank, Patna. The two petitioners in C. W.J.C. No. 8455 of 1988 were the Chairman, State Co-operative Bank and Chairman, Central Co-operative Bank, Muzaffarpur respectively. The sole petitioner in C.W.J.C. No. 8364 of 1988 was the Joint Secretary of Patliputra Central Co-operative Bank Limited, Patna. He was also representative of Kurji Primary Agriculture Credit Co-operative Society Limited to the Patliputra Central Co-operative Bank Limited, Patna and the sole petitioner in C.W.J.C. No. 8690 of 1988 was the Secretary of People's Co-operative House Construction Society Limited, Kankarbagh Colony Patna.