Haokholien Guite and Ors. v. Registrar, Co-Operative Societies, Manipur and Ors.
1995-01-03
A.K.PATNAIK
body1995
DigiLaw.ai
In the writ petition, the petitioners who were members of the Board of Directors of the Manipur State Co-operative Society have prayed for quashing the impugned order dated 14.6.94 of the Registrar, Co-operative Societies, Manipur, (respondent No. 1) declaring the said Board of Direcotrs to be automatically disqualified under section 78(6) of the Manipur Co-operative Societies Act, 1976. 2. The brief facts relevant for the purpose of this writ petition are that the Manipur State Co-operative Bank is a co-operative society in the State of Manipur carrying on the business of banking. The Board of Directors of the said bank was elected on 15.2.1992 and it took charge on 26.2.92. A show cause notice dated 28.4.1994 was issued by the Registrar of Co-operative Societies, Manipur to the members of the said Board of Directors wherein it was stated that the percentage of overdue to demand of the bank stood at 85% as on 31.3.93 and 86/79% as on 28.2.94 respectively for a continuous period of two years and the ward of Directors had failed to scale down the percentage of overdue below 60% for two years consecutively. By the said notice, the members of the Board of Directors of the bank were asked to show cause as to why they should not stand automatically disqualified under section 78(6) of the Manipur Co-operative Societies, Act, 1976. The petitioners submitted a reply dated 12.5.94 to the said show cause notice stating inter-alia that section 78(6) of the Manipur Co-operative Societies Act, 1976 was applicable to Central Co-operative Bank at the district level and not to Manipur State Co-operative Bank which was not a Central Co-operative Bank at the district level but was a Bank at the apex level of the State of Manipur and that during the period 1991-92, the percentage of overdue to demand of the bank stood at 88.12% and when the petitioners started functioning as Directors of the Bank, the said percentage had decreased to 80.67% as on 31.3.1993 and that it was not possible to scale down the said percentage of overdue to demand to the minimum level due to various reasons detailed in the said reply.
Thereafter by an order dated 14.6.94 (Annexure A/1) the Registrar, Co-operative Societies, Manipur rejected the contentions of the petitioner in the said reply and in pursuance of the section 78 (6) of the Manipur Co-operative Societies Act, 1976 declared the Board of Directors of the Manipur State Co-operative Bank Ltd. to be automatically disqualified with immediate effect. Aggrieved by the said order dated 14.6.94 (Annexure A/1), the petitioners have moved this writ petition on the grounds inter-alia that the Registrar of Co-operative Societies, Manipur has misconstrued the provision of section 78 (6) of the Manipur Co-operative Societies Act, 1976, while passing the impugned order. 3. An affidavit-in-opposition has been filed on behalf of the respondents wherein it has been stated that the Manipur State Co-operative Bank was a Central Co-operative Bank and that the elected Board of Directors of the Bank have been indiscriminately giving loans and advances without any regard to the finance and fund position of the bank thereby creating serious financial problems which may lead to liquidation of the bank and that during the year 1993-94 while it recovered an amount of Rs.248.97 lakhs, only a sum of Rs.54.16 lakhs was repaid to the National Bank of Rural Development (NAB ARD), and as per the provisions of section 78 (6) of the Manipur Co-operative Societies Act, 1976, the entire Board of Directors of the bank had to be held responsible for the default in excess of the stipulated 60% of overdue to demand and declared disqualified to function as the Board of Directors of the Bank by the impugned order. 4. In reply to the affidavit-in-opposition, a re-joinder affidavit has been filed on behalf of the petitioners denying that the Manipur State Co-operative Bank is a Central Co-operative Bank against the petitioners and further alleging that the respondents have been making attempts to suspend or dissolve the Board of Directors of the bank by hook or crook. 5. At the hearing of the writ petition, Mr.
5. At the hearing of the writ petition, Mr. N. Surjamani, learned counsel for the petitioners, submitted that under section 78 (6) of the Manipur Co-operative Societies Act, 1976 only the Board of Directors of a 'Central Co-operative Bank' stands automatically disqualified if the amount of default or the total number of defaulters exceeds 60% of the total demand and/or the total number of the societies/members, but the Manipur State Co-operative Bank is not a Central Co-operative Bank as defined by section 2 (d) of the National Bank for Agriculture Rural Development Act, 1981 (for short 'the NABARD Act, 1981'). Section 2 (d) of the NABARD Act, 1981 defines a 'Central Co-operative Bank' to mean the Principal Co-operative Society in a district in a State, the primary object of which is the financing of the other co-operative societies in that district. The proviso to the said section 2 (d) of the NABARD Act, 1981, however, stipulates that in addition to such principal society in a district, or where there is no such principal society in a district, the State Government may declare any one or more co-operative societies carrying on the business of financing other co-operative societies in that district to be also or to be a Central Co-operative Bank. Mr. Surjamani submitted that since the Manipur State Co-operative Bank is not a co-operative society of a district but a co-operative society of the entire State of Manipur, and the State Government had also not declared the said Board as 'Central Co-operative Bank' under the provisio to section 2 (d) of the NABARD Act, 1981, it was not a Central Co-operative Bank and section 78 (6) of the Manipur Co-operative Societies Act, 1976 was not applicable to the said bank and the impugned order is misconceived and is without jurisdiction and is liable to be quashed. 6. Mr. Th.
6. Mr. Th. Priyananda Singh, learned counsel for the respondents, on the other hand, referred to the report of the All India Rural Credit Review Committee and submitted that the co-operative credits structure in Manipur is a two tier one with the Manipur State Co-operative Bank at the apex and primary agricultural societies at the base unlike in other bigger States in which the Co-operative Credit Structure is a three tier one with the State Co-operative Bank at the apex level, the District Central Co-operative Banks at the intermediary level and the primary credit societies at the base. Hence the reference to the 'Central Co-operative Bank' in section 78 (6) of the Manipur Co-operative Societies Act, 1976 can only be to the Manipur State Co-operative Bank, there being no Central Co-operative Bank at the district level. Mr. Priyananda Singh also brought to my .notice that in section 2 (6) of the Manipur Co-operative Societies Act, 1976, 'Central Bank' has been defined to mean a Co-operative Bank, the objects of which are to provide loan to other societies and submitted that since the object of the Manipur State Co-operative Bank includes loans to other societies, the Manipur State Co-operative Bank is a Central Co-operative Bank to which section 78 (6) of the Manipur Co-operative Societies Act, 1976 squarely applies and the impugned order was valid in law. 7. In my opinion, the aforesiad submission of Mr. Priyananda has a lot of force and it is difficult to accept has contention of Mr. Surjamani, learned counsel for the petitioners, that the expression 'Central Co-operative Bank' in section 78 (6) of the Manipur Co-operative Societies Act, 1976 will have the same meaning as in the NABARD Act, 1981. In the case of S. Mohan Lal vs. r. Kondiah, reported in AIR 1979 SC 1132 Chinnappa Ready J cautioned : "It is not a sound principle of construction to interpret expressions used in one Act with reference to their use in another Act; more so if the two Acts in which the same word is used are not congate Acts.
Neither the meaning, nor the definition of the term in one statute affords a guide to the construction of the same terms in another statute and the sense in which the term has been understood in the several stautes does not necessarily throw any light on the manner in which the term should be understood generally. On the other hand it is a sountf, and, indeed, a well known principle of construction that meaning of words and expressions used in an Act must take their colour from the context in which they appear." Thus, the definition of 'Central Co-operative Bank' in section 2 (d) of the NABARD Act, 1981 is for the purpose of the NABARD Act, 1981 and it is not permissible to interpret the expression 'Central Co-operative Bank' occuring in section 78 (6) of the Manipur Co-operative Societies Act, 1976 by referring to the meaning, of the said expression occuring in section 78 (6) of the Manipur Co-operative Societies Act, 1976 has to be construed in the context in which it has been used in the said Act of 1976. 8. Sections 2 (6) and 78 (6) of the Manipur Co-operative Societies Act, 1976 are qouted herein below : "2. (6) 'Central Bank' means a co-operative bank, the objects of which include the creation of funds to be loaned to other societies; 78. (6) Board of management - automatic disqualification. The entire Board of Directors of a central co-operative bank, urban co-operative bank and primary land development bank and primary agricultural credit co-operative society shall stand automatically disqualified if the amount of default or the total number of defaulters exceeds 60% of the total demand and/or the total number of indebted societies/members in the case of central co-operative bank, urban co-operative bank and 70% of the total demand/or the total number of indebted member in the case of primary agricultural credit co-operative societies for a continuous period of two years." The aroresaid section 2 (6) defines the expression 'Central Bank' as a co-operative bank, the object of which includes creation of funds to be loaned to other societies. Thus for the purpose of the Manipur State Co-operative Act, 1976, every Central Bank is a co-operative bank and the expressions 'Central Bank' and 'Central Co-operative' would have the same meaning and can not have two different meanings as submitted by Mr. Surjamani.
Thus for the purpose of the Manipur State Co-operative Act, 1976, every Central Bank is a co-operative bank and the expressions 'Central Bank' and 'Central Co-operative' would have the same meaning and can not have two different meanings as submitted by Mr. Surjamani. Since the Manipur State Co-operative Bank creates funds to be loaned to other societies such as the primary agricultural credit societies, it is a Central Bank within the meaning of section 2 (6) of the Manipur Co-operative Act, 1976 and is a Central Co-operative Bank for the purpose of section 78 (6) of the Manipur State Co-operative Act, 1976. This interpretation finds support form the object of section 78 (6) of the Manipur co-operative Societies Act, 1976 which is to make a special provision with regard to the disqualification of the Board of Directors of banking institutions in the co-operative sector namely Central Co-operative Bank, Urban Co-operative Bank, Primary Land Development Bank and Primary Agricultural Credit Co-operative Societies, so as to ensure that the percentage of the total default to the total demand does not exceed a certain statutory limit, and there is no good reason as to why the Manipur State Co-operative Bank which is also a banking institution in the co-operative sector, should be excluded from the purview of the said provision and only Central Co-operative Banks at the district level should be covered by the said provision. In my opinion, therefore, the expression 'Central Co-operative Bank' in section 78 (6) of the Manipur Co-operative Societies Act, 1976 would cover every case of co-operative bank which creates funds to be loaned to other societies and would take within its meaning the Manipur State Co-operative Bank which creates funds to be loaned to primary agricultural co-operative societies in the State of Manipur. 9.
9. Thus, section 78 (6) of the Manipur Co-operative Societies Act, 1976 is applicable to the Manipur State Co-operative Society and since in the reply dated 12.5.94 of the petitioners to the show cause notice it has been admitted that the percentage of overdue to demand is in excess of limits stipulated in the said provision and the disqualification of the petitioner as Directors of the said bank is automatic as per said provision and the impugned order dated 14.6.94 (Annexure A/1) merely declares such disqualification of the petitioners in accordance with the said section 78 (6) of the Act, there is no infirmity in the impugned order. The writ petition accordingly has no merit and is dismissed, but there shall be no order as to costs.