KASHAPOGU MAHESH Vs. CENTRAL REGISTRAR OF COOPERATIVE SOCIETIES

JUDGEMENT

(1.) This Writ Petition is filed to declare the action of the respondents, without following the due procedure of law, in amending the Bye-Laws 24(viii) of the 4th respondent Society which was approved by the 1st respondent vide Proceedings F.No.L-11016/20/1986(e), dtd. 28/1/2023 and without providing Rule of reservation for SC and ST and Women candidature under Sec. 15 of the Multi State Co- operative Societies ( Amendment) Act, 2023 and issued the election notification for elect Delegates on 28/8/2023 and conducted elections for the delegates on 17/10/2023 and 19/10/2023 and also announced results on 25/10/2023 to 30/10/2023 and issued election notification for elect Directors on 11/11/2023 and elections conducted on 25/11/2023 and announced results on 25/11/2023 at 1:30 PM of the 4th respondent South Central Railway Employees Cooperative Credit Society Limited as ex-facie illegal, violative of principles of natural justice and the provisions of the Multi State Co-operative Societies Act, 2002, the Multi-State Co-operative Societies( Amendment) Act 2023 and Articles 14, 19 and 21 of the Constitution of India and also against the catena of judgments of this Hon'ble Court and the Apex Court. Consequently, direct the respondents to issue fresh election notification for the delegates and directors by following due procedure of law which occupies the field by providing reservation for SC and ST and Women under provisions of the Multi State Co-operative Societies( Amendment) Act, 2023.

(2.) It is stated, the Managing Committee of the Society amended Bye-Law 24 (viii) on 13/7/2022 to the effect that 'has held office as a Director of the Board for two immediately preceding consecutive terms" in place of 'has held office as a Director of the Board/Delegate for two immediately preceding consecutive terms" by violating Sec.11(4) (iii), (iv)(v)(vi) (vii) of the Multi State Co-Operative Societies Act, 2002, which is violating due procedure of law and the due procedure of law is basic structure of the Constitution of India. Sec. 11(4) (iii), (iv), (v), (vi), (vii) of the Multi-State Co-Operative Societies Act, 2002 occupies the field to amend Bye-Laws of the Society, which was registered under Sec. 11(4) (iii), (iv)(v)(vi)(vii) for the Society registered in 1923 under the provisions of the Act, vide Regd. No. 1548(SCRECCSL) and serving approximately 44,000 members, who are discharging duties of the South Central Railway. It is further stated that Sec. 11(4) (iii), (iv), (v), (vi), (vii) of Act contemplates that to amend any bye-Law, Sec. 11(4) (iii), (iv), (v), (vi), (vii) of the Act, 2002 prescribes procedure; in every case in which a multi-state co-operative society proposes to amend bye-laws, an Application to register such amendments shall be made to the Central Registrar together with the total number of members of Multi-State Co-operative society, quorum required for such meeting, number of members present at the meeting, number of members who voted in such meeting, number of members who voted in favor of such amendments. The Society has not followed the above statutory and mandatory provisions in amending the bye-law on 13/7/2022 and the same was approved by the Central Registrar on 28/1/2023 and issued proceedings vide F.No.L-11016/20/1986(e) -Reg is not tenable in the eye of law.

(3.) Petitioner filed additional affidavit stating that Sec. 84 is not prescribed to deal with the election matters of the Society and this Court is having ample power to examine the present Writ Petition Under Article 226 of the Constitution of India and the same has stated by an Apex Court in catena of Judgments including in the case in Akalakunnam Village Service Co-operative Bank Limited v. Binu N., (2014) 9 SCC 294.