ANURAG KUMAR RAI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) By filing this W.P. (PIL), the petitioner has prayed for issuance of a writ in the nature of mandamus for reserving at least 50 per cent of seats for women in the Primary Meeting for the election of delegates for the General Body of the Dhanbad Central Co-operative Bank Ltd., Dhanbad, as per Rule 21-H(4) of the Bihar Co-operative Societies Rules, 1959 and Sec. 14 of the Jharkhand Co-operative Societies (Amendment) Act, 2015. The petitioner has also prayed for issuance of a writ staying the election of 2018 for the delegates of the General Body of the Bank till the reservation rights of women at least 50 per cent of the total seats for the delegates in the Primary Meeting is confirmed as per law.

(2.) It is brought to our notice by filing counter affidavit by the State, that as per amendment made in Sec. 14 of the Act, in the year 2015, 50 per cent seats in the Managing Board has already been reserved for the women members out of which two seats is reserved for the Scheduled Castes and Scheduled Tribes women in the Board of every Co-operative Society consisting of individuals as members and having members from such class or category of persons. However, the petitioner is not satisfied by such amendment in view of the fact that the petitioner wants that every Primary Meeting should have at least 50 per cent women.

(3.) Referring to Rule 21-H(4) of the Bihar Co-operative Societies Rule, 1959, it is gathered that the procedure of election in the primary meeting of a society shall be same as in the meeting to elect members of the Managing Committee, Office bearers thereof and the delegate of the society as provided in these Rules. As per Rule 2(xxi) of the Rule, 1959, "Preliminary Meeting" has been defined as a meeting held in accordance with the rules to elect delegates or members. Rule 8 of the Rule, 1959 provides for eligibility of membership. It is a neutral principle that any person having attained the age of 18 years, not being a paid employee of the society or of unsound mind or bankrupt or has been convicted for an offence involving moral turpitude, can be a member of the society.