GHANSHYAM MADHAVRAO BARHATE v. STATE OF MADHYA PRADESH
1997-09-18
D.P.S.CHAUHAN
body1997
DigiLaw.ai
D. P. S. CHAUHAN, J. ( 1 ) THE writ petition is filed by three persons.- Ghanshyam Madhavrao Barhate, Irshad Ali Chhottu Ali and Eknath Tryambak Tayde seeking relief for issuance of a writ in the nature of certiorari or any other appropriate writ, order or direction, quashing the Resolution dated 4-7-1997 as mentioned in Annexure-P-5 and Resolution No. 24/97 dated 11-8-1997 as mentioned in Annexure-P-10 and issue a direction to the respondents for formulating the groups in a rational manner and make necessary amendments in the voters list by eliminating dead persons, showing correct categories of vorters and also making members belonging to Scheduled Caste, Scheduled Tribes and Other Backward Classes in their respective categories. ( 2 ) LEARNED counsel for the petitioners submitted that the Navalsingh Sahkari Shakkar Karkhana Maryadit, Naval Nagar, Burhanpur (hereinafter referred to as the Society) is a primary co-operative society registered under the Madhya Pradesh Co-operative Societies Act, 1960 (hereinafter referred to as the Act ). The general body of the society, as per the provisions of Section 48-B of the Act, as provided in the bye-laws, is to be constituted by the delegates of the members of the society and such a body so constituted is called "the representative general body" and this body is to elect members of the committee of the management and Chairman and Vice-Chairman and also elect representative for sending to the other co-operative societies where this society is the member. ( 3 ) LEARNED counsel invited the attention of the Court to Annexure P-11 which is in fact a dissenting note of Joint Director, Co-operative Societies Indore Division Indore who happens to participate in the meeting of the committee of the management of the society, and he expressed his view which view was not accepted by the committee of the management in the matter of reservation of the seats, constitution of the separate group comprised of woman. By Resolution No. 24/97 (Annexure-P-10) a decision is taken formulating the groups. ( 4 ) THE submission of the learned counsel is that under the law, there should be a separate group for electing representatives of the woman members comprised of the women members of the society. ( 5 ) IN this context, it would be apt to extract sub-section (3) of Section 48.
( 4 ) THE submission of the learned counsel is that under the law, there should be a separate group for electing representatives of the woman members comprised of the women members of the society. ( 5 ) IN this context, it would be apt to extract sub-section (3) of Section 48. B of the Act :-"48-B (3) If the byelaws of a society provide for the constitution of its general body by the elections of the delegates, the society shall reserve seats in the general body for the members belonging to Schedule Castes, Scheduled Tribes and other Backward Classes in such a manner that the number of seats so reserved for each category shall as far as possible, be in the same proportion in which members of each category, shall bear to the total membership of the society. "it provides for representative general body by election of the delegates and for reservation of the seats in the general body for members belonging to Scheduled Caste, Scheduled Tribe and Other Backward Classes. The reservation of the seats in the general body means a person belonging to the category has to be elected. It provides for only three categories of reservation - Scheduled Caste, Scheduled Tribe and Other Backward Classes. It does not provide for reservation for women. ( 6 ) LEARNED counsel for the petitioner took assistance of Rule 23 (1) (1) of the Madhya Pradesh Co-operative Societies Rules, 1962 (hereinafter referred to as the Rules) which is as extracted below :-"23 (1) (1) In the case of a society where the bye-laws provide for the constitution of its general body by the election of delegates, belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes as per sub-section (3) of Section 48-B and also identify the groups from which the delegates belonging to Scheduled Caste, Scheduled Tribes, Other Backward Classes and woman shall be elected. " ( 7 ) LEARNED counsel submitted that Section 48-B (3) of the Act has to be read with Clause (1) of Rule 23 (1) of the Rules. ( 8 ) IT is settled principle that the statutory provisions of an Act cannot be interpreted by taking aid of the provisions in subordinate legislation. Sub-section (3) of Section 48-B has not provided for any reservation in the general body of the society for woman class of members.
( 8 ) IT is settled principle that the statutory provisions of an Act cannot be interpreted by taking aid of the provisions in subordinate legislation. Sub-section (3) of Section 48-B has not provided for any reservation in the general body of the society for woman class of members. So far as the said rule is concerned is inconsistent with Section 48-B (3) of the Act as such to be invalid to the extent of inconsistency. ( 9 ) SUB-SECTION (3) of Section 48-B does not provide that there would be the grouping or the some may be called constituency. For the purpose of electing delegate for constituting representative general body, it has not provided that such grouping must exclusively belong to the particular class or category of the persons. What it provides is that the representation of SC, ST and OBC is to be made by process of election of delegates in the representative general body even otherwise, Annexure-P-5 to the petition which is the view of the joint Registrar, Cooperative Societies, Indore Dn. Indore is not in accordance with law. There cannot even otherwise, be a separate constituency or separate group comprising exclusively lady members of the society for electing delegates to the representatives general body of the society. ( 10 ) IN view of the above, I find no merit in the petition. The petition is dismissed. Petition dismissed. .