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2002 DIGILAW 300 (ORI)

GURUPADA NANDA v. STATE OF ORISSA

2002-05-14

P.K.MISRA, R.K.PATRA

body2002
( 1 ) CH. P. K. Misra, J. The petitioners have filed this writ petition challenging the validity of the provisions contained in clauses (g) (i) and (g) (ii)of Section 3 (v) of the Orissa Co-operative Societies (Amendment) Act, 2001 (for short, "the Amendment Act" ). ( 2 ) THE petitioners claim to be the elected office bearers of the Central, apex and National Level Co-operative Societies. Earlier, they had filed a writ petition bearing number OJC 8439 of 2001 challenging the Orissa Co-operative societies (Amendment) Ordinance, 2001, published in Orissa Gazette Extraordinary dated 3. 7. 2001, amending certain provisions of Sections 16 and 28 of the orissa Co-operative Societies Act, 1962 (for short 'the Act' ). The specific challenge of the petitioners was to the amendment of clauses (g) (i) and (g){ii)of Section 28 (2) of the Act, which were substituted by new clauses (g) (i) and (g) (ii ). Subsequently, the aforesaid ordinance was replaced by the Amendment act. Therefore, the petitioners withdrew the previous writ petition and filed the present one challenging the same sub- clauses, i. e. , clauses (g) (i) and (g) (ii)of Section 28 (2) of the Act, promulgated by Section 3 (v) of the Amendment Act. ( 3 ) THE petitioners contend that the aforesaid amended provisions are violatlve of Article 14 of the Constitution as well as the provisions of the Act; that the Amendment Act is a colourable piece of legislation; and that it is perverted to serve the political ends of the party in power. ( 4 ) TO appreciate the arguments of the petitioners, it is necessary to see the relevant provisions. Section 28 (2), prior to amendment, stood thus :"28. ( 4 ) TO appreciate the arguments of the petitioners, it is necessary to see the relevant provisions. Section 28 (2), prior to amendment, stood thus :"28. Society to have a committee (1) *** (2) (a) The Committee of a Society shall, excluding the members deemed or nominated as members under sub-section (3-B) of Section 28 and sub-section (1) of Section 31, consist of : (i) twenty-one members in the case of an Apex Society and fifteen in the case of Central Society including the President and the vice-President; (ii) Fifteen members including the President and the Vice- President in the case of a Primary Society including a Large-sized Adivasi multipurpose Co-operative Society; (b) In case of Large-sized Adivasi Multipurpose Co-operative Society, two thirds of the total number of elected members of the committee shall be from among the members belonging to the Scheduled Tribes, so however that the said two-third shall also include women members numbering not less than one-third of the total number of such elected members. Explanation. The principle for determining whether a society is a large-sized Adivasi Multipurpose Co-operative Society or not shall be such as may be prescribed. (c) In the case of a Primary Agricultural Credit Co-operative Society and a Service Co-operative Society including a Farmers' Service co-operative Society : (i) one-third of the total number of elected members of the committee shall be woman, so however that the said one-third shall also include one from the Scheduled Castes, one from the Scheduled tribes and one from the Other Backward Classes; and (ii) three elected members of the committee shall be from small farmers of landless cultivators. Explanation. The expression 'small farmer' shall mean a person who is not more than five acres of land. (d) In the case of a Primary Society other than a society specified in clauses 1 (b) and l (c), one third of the total number of elected members of the committee shall be women, so however that the said one-third shall also include one from the Scheduled Castes, one from the Scheduled tribes and one from the Other Backward Classes. (e) While computing the two thirds or one-third, as the case may be, of the total number of elected members of the Committee, for purposes of clauses l (b), (c) and (d), the President and Vice-President shall be included in the said total number of elected members. (e) While computing the two thirds or one-third, as the case may be, of the total number of elected members of the Committee, for purposes of clauses l (b), (c) and (d), the President and Vice-President shall be included in the said total number of elected members. (e-1) in the case a Central Society, three members each shall be from the Scheduled Castes and Scheduled Tribes, four from Other backward Classes and five from other categories of members, so however that, among each of the said Scheduled Castes, Scheduled Tribes and other Backward Classes of members, there shall be one woman and among the other categories, there shall be two women, (e-2) in the case of an Apex Society, four members shall be from the Scheduled Castes, five from the Scheduled Tribes and six each from the Other Backward Classes and other categories of members, so however that, there shall be one woman each from the said Scheduled Castes and scheduled Tribes, two woman among the Other Backward Classes and three women among the other categories of members. (f) Notwithstanding anything contained in this sub- section : (i) in the event of the seats in the Committee reserved for Woman, scheduled Castes, Scheduled Tribes and Other Backward Classes categories of members remaining unfilled in any elected of a primary, Central or Apex Society, the Committee of the Society shall co-opt the required number of such categories of members from amongst the members of the Society to fill up such seats, and for the purpose of making such co-opt on, the unfilled seats reserved for the said categories shall not invalidate the constitution of function of the Committee, if otherwise it would be having a quorum; (ii) the term of office of every such co-opted member shall be co-terminus with the other members of the Committee; (iii) in the event of any seat in the Committee reserved for Women, scheduled Castes, Scheduled Tribes and Other Backward Classes categories or members remaining vacant for non- availability of required number of such categories of members in the membership of a society for the said purpose of co-option, any vacancy as a consequence therefore shall not invalidate the constitution or function of the committee provided there is a quorum. (g) (i) Notwithstanding anything to contrary contained in this Act, rules and Bye-laws, the Committee of every Central Society and Apex society existing immediately before the date of commencement of the orissa Co-operative Societies (Amendment) Act, 1996 shall stand dissolved with effect from the said date, and the members including the president and the Vice-President of every such committee shall be deemed to have vacated their offices on that date : provided that nothing in this clause shall be construed to affect the functions and powers of the Committee of a Primary Society constituted, before the commencement of the Orissa Co-operative Societies (Amendment) Act, 1996, as long as it continues in office; (ii) Upon such dissolution, the management of the Society shall vest in the Registrar, and the Registrar shall nominate a committee from amongst the members of the society as far as practicable representing the Scheduled Castes, Scheduled Tribes, Other Backward Classes and women, to manage the affairs of the society till the committee is constituted in accordance with the provisions of this Act as amended by the Orissa Co-operative Societies (Amendment) Act, 1996; (iii) Every society, the committee of which stands dissolved under sub-clause (i), shall amend its bye-laws, as may be necessary, so as to bring them in conformity with the provisions of this Act as amended by the Orissa Co-operative Societies (Amendment) Act. 1966, and reconstitute the committee within six months from the date of its committee so stood dissolved; and (iv) In the event of society falling to so amend its bye-laws and reconstitute the committee within the period specified in sub-clause (iii)the Registrar shall make such amendment and reconstitute the committee within thirty months following the date of expiry of the period so specified. By the amendment, a new proviso has been added to clause (b) of sub-section (2) of Section 28 of the following effect : "provided that the office of the President and Vice- President shall be reserved for the Scheduled Tribes. By the amendment, a new proviso has been added to clause (b) of sub-section (2) of Section 28 of the following effect : "provided that the office of the President and Vice- President shall be reserved for the Scheduled Tribes. " clauses (c) and (d) have been substituted by a new clause (c), which runs as follows : " (c) In the case of Primary Society other than large- seized Adivasi multipurpose Co-operative society, three members each shall be from the scheduled Castes and the Scheduled Tribes, four from Other Backward classes and five from other categories of members, so however that, among each of the said Scheduled Castes, Scheduled Tribes and Other backward Classes of members, there shall be one woman and among the other categories, there shall be two women. " clause (e) has been omitted, clause (f) (i) has been amended thus : (i) in the event of the seats in the committee reserved for women, scheduled Castes, Scheduled Tribes and Other Backward Classes remaining unfilled in any election of a Primary, Central of Apex Society, the Committee of the Society shall co-opt the required number of such categories of members from among the members of the Society, or where the required number of such categories of members is not available for such co-option, the committee shall co-opt the required number of members from amongst the members of the society belonging to any category to fill up such seats, and for the purpose of making such co-option, the vacancies in the unfilled seats reserved for the said categories shall not invalidate the constitution of function of the committee, if otherwise it would be having a quorum. " sub-clause (iii) of clause (f) of Section 28 (2) has been omitted. " sub-clause (iii) of clause (f) of Section 28 (2) has been omitted. For clause (g), the following has been substituted, namely : " (g) (i) Notwithstanding anything to the contrary contained in this act, rules and bye-laws, the committee (which shall include a preliminary committee) of every Primary Society, Central Society and Apex Society existing immediately before the date of commencement of the Orissa co-operative Societies (Amendment) Act, 2001 shall stand dissolved with effect from the said date and the members including the President and the Vice- President of every such committee shall be deemed to have vacated their offices on that date, and where, on the date of such commencement, the management of any such society continues to vest in the Registrar, the proceedings or actions taken, if any, for constitution of the committee thereof shall stand cancelled; (ii) the management of every Society, the Committee of which is so dissolved or which to continues to vest in the Registrar, shall vest, or, as the case may be, shall so continue to vest in the Registrar, and the registrar or a Committee nominated by him from amongst the members of the society as far as practicable representing the Scheduled Castes, scheduled Tribes, Other Backward Classes and Women, shall manage the affairs of the society till the committee is constituted in accordance with the provisions of this Act as amended by the Orissa Co-operative societies (Amendment) Act, 2001; (iii) every society referred to in sub-clause (ii) shall amend its bye-laws, as may be necessary, so as to bring them in conformity with the provisions of this Act as amended by the Orissa Co-operative Societies (Amendment) Act, 2001 and reconstitute the committee within six months from the date of commencement of the said Act; and (iv) in the event of any society failing to so amend its bye-laws and reconstitute the committee within the period specified in sub-clause (iii), the Registrar shall make such amendment and reconstitute the committee within six months following the date of expiry of the period so specified. " ( 5 ) THE main thrust of argument of the petitioners is that by virtue of the amended clauses (g) (i) and (g) (ii), even an elected committee constituted as per the provisions of the Act shall be deemed to be dissolved with effect from the date of commencement of the Amendment Act, i. e. 3. 7. " ( 5 ) THE main thrust of argument of the petitioners is that by virtue of the amended clauses (g) (i) and (g) (ii), even an elected committee constituted as per the provisions of the Act shall be deemed to be dissolved with effect from the date of commencement of the Amendment Act, i. e. 3. 7. 2001, and the members including the President and Vice-President of every such committee of the society shall be deemed to have vacated their offices on that date, whereafter the management of such society shall continue to vest with the Registrar and the proceedings or actions take, if any, the constitution of the committee thereof shall stand cancelled. The Registrar or a committee nominated by him from amongst the members of the Society, as far as practicable representing the Scheduled Castes, Scheduled Tribes, Other Backward Classes and Women, shall manage the affairs of the society till a new committee is constituted in accordance with the provisions of the Act as amended by the impugned amendment Act. It is submitted that the amendment in question intends to take away the valuable rights of democratically elected representatives of different co-operative societies as the state because of the vesting of the management with the Registrar, The principal object of the Act is to provide reservation of seats for Scheduled Castes, Scheduled Tribes and Other backward Classes in Primary Co-operative Societies. This reservation has been made by the 1996 Amendment Act. whereas the impugned Amendment Act includes provisions only for reservation so far as primary Co-operative societies are concerned, which was made in the 1994 Amendment. At that time, the elected committees were dissolved and the concerned societies were allowed time to admit new members before expiry of a period of one year or before commencement of the election process for reconstitution of the successor committee. It is submitted that the committees which were constituted for both Apex and Central Co-operative societies in the year 1998 are to continue for four years as per the provisions contained in Section 28 (1 -aa) of the Act, which is to be counted from the date of assumption of office by the committee, i. e. , the date of election of the president. By the impugned amendment, they would not be allowed to complete their term. By the impugned amendment, they would not be allowed to complete their term. It is further submitted that the Committees of Management of the central and Apex Societies only are capable of admitting new members for the purpose of reservation on seats, and the vested committees, who are not elected bodies, are bereft of any power and authority to admit new members. The power of amendment of bye-laws is also vested with the elected committees of management and the general bodies of members, as per sections 28 and 29 of the Act, and this power cannot be exercised by the nominated committees. It is then submitted that in view of the impugned amendment, election at whatever stage it may be, stands, cancelled with effect from 3. 7. 2001. i. e. , the date of promulgation of the ordinance, which Is clearly in conflict with Section 28-B of the Act, which provides that notwithstanding anything contained in the Act and Rules, election process of a society, once started shall not be held up, Lastly, it is contended that the power to promulgate an ordinance is essentially a power to be used to meet an extraordinary situation. It cannot be allowed to be perverted to serve political ends as has been done in the present case. According to the petitioners, the impugned Amendment is also liable to be struck down on the ground that: (a) it is a colourable piece of legislation; (b) it contravenes Article 14 of the Constitution being arbitrary; and (c) its retro-activity is unconstitutional. ( 6 ) COUNTER affidavit has been filed on behalf of the State justifying the impugned amendment. Its case is that to achieve the avowed policy of the state to suitably empower the weaker sections, especially women, and for effective and adequate representation of the Scheduled Castes, Scheduled tribes and Other Backward Classes in the management of the Co-operative societies, the Act was made in 1962, which was amended from time to time. But having felt that the objective has not been achieved, the State promulgated the Ordinance in question in 2001, which was subsequently replaced by the amendment Act and made effective from the date of publication of the ordinance in the Orissa Gazette (Extraordinary ). But having felt that the objective has not been achieved, the State promulgated the Ordinance in question in 2001, which was subsequently replaced by the amendment Act and made effective from the date of publication of the ordinance in the Orissa Gazette (Extraordinary ). The Amendment Act provides amongst others dissolution of the Managing Committees of the Primary co-operative Societies, as a result of which, any person elected to the Apex or central Society by virtue of his membership in the Primary Society shall be deemed to have vacated his office. It is urged that the challenge of the petitioners to clauses (g) (i) and (g) (ii) of sub-section (v) of Section 3 of the amendment Act is not sustainable in view of the earlier judgment of this Court in Pradip Kumar Moharathi v. State of Orissa. 84 (1997) CLT 135. In that case amendment to Section 28, brought about by Orissa Act 7 of 1996 for providing reservation ws challenged. This Court observed that the Amendment Act and section 28 have no infirmity and they are quite valid and operative. Therefore, the present petition is devoid of any merit. ( 7 ) WITH regard to the submission of the petitioners that by the Amendment act their existing right as elected members of the Managing Committees, is being taken away before expiry of their term. It is submitted that they had been elected to their offices when the Act did not contain any provision for dissolution of the committees for having no adequate representation of women, scheduled Castes, Scheduled Tribes and Other Backward Classes. Therefore, after incorporation of provisions in the Act for dissolution, committees of the primary, Central and Apex Co-operative Societies have been dissolved. The primary objective of the Amendment Act is to immediately provide for representation of members from the weaker sections in the management and affairs of the Primary, Central and Apex Co-operative Societies. The amended provisions in clauses (g) (i) and (g) (ii) of Section 3 (v) of the Amendment Act cannot be challenged as the State Legislature is empowered to enhance or curtail the statutory powers. Therefore, the petitioners cannot claim to continue as members of the Managing Committees of the Societies, till the expiry of their term. The amended provisions in clauses (g) (i) and (g) (ii) of Section 3 (v) of the Amendment Act cannot be challenged as the State Legislature is empowered to enhance or curtail the statutory powers. Therefore, the petitioners cannot claim to continue as members of the Managing Committees of the Societies, till the expiry of their term. ( 8 ) DISSOLUTION of the elected committees of management prior to expiry of their term by the impugned amendment cannot be construed as undemocratic and unconstitutional as the members pf such committees were elected to their respective offices and were holding such offices by virtue of the provisions of the Act. Their term to tenure can be cut short by the provisions of the Act as well. Dissolution was the only choice left with the law makers for immediately providing representation to the weaker sections in the managing Committees of Co-operative Societies. Therefore, it cannot be said that the amended clauses (g) (i) and (g) (ii) of Section 28 (2) of the Act are ultra vires. There has been no violation of any provision of the Act or the constitution by bringing about the amendment in question. The amendment was passed by the State Legislature and was assented to by the Governor. ( 9 ) WITH regard to the allegation that the impugned amendment is a colourable piece of legislation, it is submitted that the allegation is baseless. The Act has been amended with an avowed object, as is evident from the memorandum dated 25. 5. 2001. Relevant portions of the said memorandum are quoted below ;"as per the existing provisions of the Orissa Co-operative Societies act, 1962 (hereinafter referred to as the Act), the members of the Managing committee of the Primary Co-operative Societies are members of the central/apex Co-operative Societies, to which the Primary Co-operative society is affiliated. The Scheduled Castes, Scheduled Tribes, Other backward Classes and Women are not adequately represented in the managing Committee of the Central and Apex Co-operative Societies due to non-availability of required number of members of the reserved categories in the Managing Committees of the Primary Co-operative Societies, because of Inadequate representation of such categories in the Primary co-operative Societies. The Scheduled Castes, Scheduled Tribes, Other backward Classes and Women are not adequately represented in the managing Committee of the Central and Apex Co-operative Societies due to non-availability of required number of members of the reserved categories in the Managing Committees of the Primary Co-operative Societies, because of Inadequate representation of such categories in the Primary co-operative Societies. Although there are provisions for reservation of seats In their favour under clauses (b), (c) and (d) of sub-section (2) of section 28 of the Act, those relate to a highly inadequate reservation of seats in the Managing Committees of Primary Co-operative Societies, that too, mostly in favour of women belonging to such communities. *** as there is no specific provision for reservation of seats in the managing Committee of Primary Co-operative Societies (Other than Large sized Adlvasi Multipurpose Co-operative Societies) in favour of male members of those reserved communities, the existing provisions do not give adequate representation to those communities in the affairs of said societies. It is the avowed policy of the Government to provide for effective and adequate representation of Socially and Economically Backward classes of citizens and especially women in the management of the affairs of all Co-operative Societies, Women in the board room rather than the dingy kitchen are held to be the catalysts for women potential of social and economic development for which Co-operative Society, in all their forms and categories, are universally instrumental. It is, therefore, immediately necessary to provide for adequate reservation of seats for women and men belonging to the Scheduled Castes, Scheduled Tribes and Other Backward Classes in the Managing Committees of the Primary co-operative Societies, where no such adequate reservation now exists. Towards that end, amendment of the provisions not exists. Towards that end, amendment of the provisions of clauses (c) and (d) of sub-section (2) of Section 28 of the Act is considered necessary. . . . *** sub-section (2) of Section 28 of the Act empowers the committee to co-opt required number of members belonging to the reserved categories from among the members of the society in case of non-availability of such members at the time of election. But there is nothing in the said provision to deal with a situation where persons belonging to the designated categories are also not available for such co-option. But there is nothing in the said provision to deal with a situation where persons belonging to the designated categories are also not available for such co-option. It is, therefore, proposed to provide, by suitable amendment to clause (f) of sub-section (2) of Section 28. . . . *** sub-clause (i) of clause (b) of sub-section (2) of Section 6 of the Act provides that in the application for registration of a Primary Society, not less than one-third of the minimum number of the individuals joining in the application shall be women including at least one from the Scheduled castes, one from the Scheduled Tribes and one from the Other Backward classes. In view of the proposal under the first paragraph of this memorandum to amend clauses (c) and (d) of sub-section (2) of Section 28 of the Act. . . . . it is considered necessary to amend Section 6 of the Act suitably to provide for enrolment of sufficient number of individuals belonging to the aforesaid categories so as to ensure their appropriate representation in the Committees of such societies. +** *** in the interest of weaker sections of the community, their participation in the management of the affairs of the Co-operative Societies should be ensured and, for that purpose, the Committees of the Primary societies not conforming to the said policies needs to be reconstituted. As the terms of most of the Primary Co-operative Societies are going to expire from May, 2001 onwards in a phased manner, consequent upon such expiry of term, the members of the Committee of the Primary co-operative Societies shall lose their membership in the Central and apex Societies to which the Primary Societies are affiliated automatically as per the provisions of sub-section (1-a) of Section 16 of the Act. Accordingly the members holding the post of President and members of the committee of the higher societies i. e. Central and Apex Societies will cease to continue as such in those higher societies, barring a few who may not constitute the quorum of the committee. In such an eventuality a chaotic situation will arise in the management of the affairs of the societies. In such an eventuality a chaotic situation will arise in the management of the affairs of the societies. It is, therefore, proposed to make an enabling provision in the act to form a transitional provision to the effect that notwithstanding anything contained in the Act, the committee of every Primary, Central and Apex Co-operative Societies in existence as on the date of coming into force of the proposed amendment, shall stand dissolved with effect from the said date and the member including the President and Vice-President of the committee shall be deemed to have vacated their offices as on that date and, upon such dissolution the management of the Society shall vest in the Registrar whereupon he himself or a committee nominated by him from amongst the members of the concerned society keeping in view the reservation policy, shall manage the affairs of the society till the new committee is constituted in accordance with the provisions of the act as proposed to be amended. It is also proposed to provide that the concerned Society shall amend its bye-laws, as may be necessary, so as to bring them in conformity with the proposed amending provisions and reconstitute the committee accordingly within a period of six months from the date of dissolution of its committee, falling which, the Registrar shall enforce the required amendment of bye-laws in the manner provided under Section 12 of the act and reconstitute the committee within a further period of six months following the date of expiry of the aforesaid period of six months. Any other amendment to the Act as may be considered to be necessary in consequence of the amendments proposed in the preceding paragraphs shall be appropriately made. The aforesaid amendments are required to be brought about as immediately as possible so that interest of the vulnerable section of the society, for whom reservations are intended to be made in the committees of Management of the Primary as well as Central and Apex Co-operative societies in the State are adequately safe-guarded. . . It is urgently necessary that the existing committee of the Primary Co-operative societies as well as Central and Apex Co-operative Societies which have been constituted with inadequate number of representatives of reserved categories of members, are reconstituted forthwith to provide for effective reservation or, and adequate representation of, the designated categories of members, in the Managing Committee of such Societies. It is urgently necessary that the existing committee of the Primary Co-operative societies as well as Central and Apex Co-operative Societies which have been constituted with inadequate number of representatives of reserved categories of members, are reconstituted forthwith to provide for effective reservation or, and adequate representation of, the designated categories of members, in the Managing Committee of such Societies. The State Legislature is not in session and its next session is not expected to be held in the near future. Since the proposed amendments to the Act are urgently required for the reasons mentioned in the preceding paragraphs, it is proposed to give effect to the proposed amendments by promulgation of an Ordinance by the Governor under Article 213 of the constitution of India to be replaced by an Act of the State Legislature in due course. *** ( 10 ) IT is submitted that no mala fide can be attributed to the Legislature. As held by the Supreme Court in K Nagraj v. State of A. P. , (1985) 3 SCR 579, the legislature as a body cannot be accused of having passed a law for an extraneous purpose if no reasons are so stated as appear from the provisions enacted by it. Even assuming that the executive in a given case has an ulterior motive in moving a legislation, that motive cannot render passing of the law mala fide. This kind of attribution is unknown in the field of legislation. In this case, however, the reasons for making the law are evident from the aforesaid memorandum. State's further stand is that the Act has been amended to give effect to the Directive Principle of State Policy, i. e. , for upliftment of the weaker sections. Therefore, dissolution of the committees and vesting of the same with the Registrar with effect from the date of dissolution cannot be held to be a colourable piece of legislation. As an interim measure, the societies are to be managed by committee giving representation to all sections till reconstitution of the committees as per the amended provision. ( 11 ) CLAUSE (g) (iii) of sub-section (2) of Section 28 of the Act provides that a society shall amend its bye-laws to bring it in conformity with the provisions of the Act and reconstitute the committee within six months from the date of dissolution of the committee. ( 11 ) CLAUSE (g) (iii) of sub-section (2) of Section 28 of the Act provides that a society shall amend its bye-laws to bring it in conformity with the provisions of the Act and reconstitute the committee within six months from the date of dissolution of the committee. The nominated committee will take steps to convene the general body meeting for amendment of the bye-laws. In the event of any society failing to so amend the bye-laws and reconstitute the committee, the Registrar shall make amendment of the bye-laws and reconstitute the committee within next six months, as per the provision of Section 28 (2) (g) (iv)of the Act. It is, therefore, submitted on behalf of the State that the petitioners are not right in submitting that without an elected committee, no bye- laws can be amended and no new members can be admitted. Amendment of bye-laws is a matter to be dealt with by the general body as provided under section 29 of the Act. On the failure of a society to do so, the Registrar will enforce the amendment of bye laws as per the provisions of sub-sections (5)and (6) of Section 12 of the Act. As the terms of most of the Primary co-operative Societies have started to expire from May, 2001 onwards in a phased manner, consequent upon such expiry of the term, the members of the committee of Primary Co-operative Societies shall lose their membership in the Central and Apex Societies, to which the Primary Societies are affiliated, automatically in view of the provisions contained in Section 16 (1-A) of the Act. Accordingly, the members holding the post of President and members of the committees of higher societies will cease to continue as such barring a few who may not constitute the quorum of the committees. In such eventuality, a chaotic situation will arise in the management of the affairs of the societies. Accordingly, the members holding the post of President and members of the committees of higher societies will cease to continue as such barring a few who may not constitute the quorum of the committees. In such eventuality, a chaotic situation will arise in the management of the affairs of the societies. It was, therefore, considered necessary to make an enabling provision in the act in the form of a transitional provision to the effect that notwithstanding anything to the contrary contained In the Act, the committee of every Primary, central and Apex Co-operative Society in existence as on the date of coming into force of the amendment shall stand dissolved with effect from the said date and the members including the President and Vice- President of the committee shall be deemed to have vacated their offices as on that date. Upon such dissolution, the management of the society will vest In the Registrar whereupon he himself or a committee nominated by him from amongst the members of the concerned society keeping in view the reservation policy shall manage the affairs of the society till the new committee is constituted in accordance with the amended provisions. ( 12 ) WITH regard to the submission that election process once started cannot be held up, as per Section 28-B of the Act, it is submitted by the State that the existing committees were constituted as per the pre-amended provisions without proper representation of the designated categories. As such, even if the elections would have been allowed to be held, committees would have been reconstituted with inadequate and ineffective reservation in favour of weaker section; whereas, in case of the societies whose management has been vested with the Registrar, such committees would be constituted with adequate representation of designated categories. Thus, there would not be uniformity in the matter of constitution of committees of the societies, which would have thwarted the purpose of the amendment. In order to maintain uniformity, the legislature thought it necessary to cancel the elections. It is also submitted that similar amendments in Section 28 (2) of the Act undertaken in the year 1996 were challenged in this Court in Pradeep Kumar Moharathi v. State of orissa, Vol. 84 (1997) CLT 135, wherein it was held :"the new Amendment Act and Section 28 are found to have no infirmity and those are quite valid and operative. 84 (1997) CLT 135, wherein it was held :"the new Amendment Act and Section 28 are found to have no infirmity and those are quite valid and operative. If all the provisions are sustained on the point of vires, we may very well consider as to the challenge of impugned orders and notifications that those are otherwise bad in law or that there was any mala fide or extraneous consideration in issuing the said orders and notifications. Each and every impugned order we find is consistent with the powers exercise under law. The allegations made by the petitioner have not been justified by any materials on record. Whether those acts done and/or caused to have been done by the opposite parties for any extraneous consideration or the same are the outcome of any political motive, this Court should not be asked to conclude by inferences, surmises or conjectures. The points raised by the petitioner are found to be wild in nature and on proper analysis of the facts and consideration of the points of law we cannot uphold the same. " ( 13 ) LEARNED counsel for the petitioners, in support of his contention that it is the elected committee which can admit new members and a nominated committee cannot exercise such a power, relied on the decisions in Rahasbihari das v. State of Orissa, AIR 1995 Ori 23 ; K. Shantharaj v. M. L. Nagraj, AIR 1997 SC 2945; and Joint Registrar, Co-operative Societies, Kerala v. T. A. Kuttappan, (2000) 6 SCC 127 . In Rahasbihari Das (supra), this Court held as follows :"it would, therefore, be reasonable for us to construe that while the elected body has been superseded by the Registrar and an Administrator is appointed, such Administrator is called upon by statute to manage the affairs of the society in the interragnum until a fresh Committee of society is constituted. In Rahasbihari Das (supra), this Court held as follows :"it would, therefore, be reasonable for us to construe that while the elected body has been superseded by the Registrar and an Administrator is appointed, such Administrator is called upon by statute to manage the affairs of the society in the interragnum until a fresh Committee of society is constituted. Keeping in view the Co-operative movement and the object of having Co-operative Societies under the control of a Registrar, it would not be proper to hold that the Administrator appointed by the registrar to manage the affairs of a society, can take a policy decision in relation to the Society in question whether admission of certain categories of persons as members of the Apex Society would at all be congenial to the interest of the society or not and whether applications being made the applicants could be refused admission for sufficient reasons, are all in the nature of a police decision which has to be taken bearing in mind several germane factors and cannot be brought within the expression of normal affairs of the society and therefore, an administrator who has been appointed to manage the affairs of the society though by virtue of the deeming provision contained in sub-section (2)of Section 32 becomes the Committee of Society, yet is not entitled to decide the question of admission of members to the society. "in K. Shantharaj (supra), the Apex Court observed to the following effect:"it would be clear from the language of these provisions that the administrator or special officer, subject to control of any of the functions of the society, and in the interest of the society take such action as in necessary for proper functioning of the society as per law. He should conduct elections as is enjoined thereunder. In other words, he is to conduct election with the members as on the roles and by necessary implication, he is not vested with power to enrol new members of the society. "". . . . . A co-operative society is expected to function in a democratic manner through an elected Committee of Management and that committee of Management is empowered to enrol new members. "". . . . . A co-operative society is expected to function in a democratic manner through an elected Committee of Management and that committee of Management is empowered to enrol new members. Enrolment of new members would involve alteration of the composition of the society itself and such a power should be exercised by an elected committee rather than by administrator or a committee appointed by the registrar while the Committee of Management is under supersession. " ( 14 ) IT may be noted that in Rahasbihari (supra), this Court was construing the provision wherein there was a stipulation "normal affairs of the committee". No such stipulation is there in the impugned amendment. Therefore, the said decision has no application to the facts and circumstances of the present case. In the second case referred to above, the Administrator or special officer was empowered to take such action as was necessary for proper functioning of the society. No specific power was given to him to admit new members, whereas in the present case, such a power has been given to the Registrar or the committee nominated by him so as to ensure proper representation of the designated categories. Therefore, this decision does not help the petitioners in any manner. In the third case, the Supreme Court observed that enrolment of new members would involve alteration of the composition of the society itself. But as per the present amended provision, the composition of the society has to be changed by admitting members from among the designated categories. Thus, the aforesaid observation of the Supreme Court does not apply to the present case. ( 15 ) COMING to the point raised by the learned counsel for the petitioners that election process once started cannot be withheld, reliance has been placed on Gobinda Chandra Bisoyi v. State of Orissa, 1994 (2) OLR 100; Tara Prasad pattanaik v. Registrar-cum-Chief Electoral Officer of the Co-operative Societies, 1994 (2) OLR 232; and Ramswaroop Dohare v. Ayukt Sahkarith Avam Panjiyak sahkari Sanstha M. P. , AIR 1996 MP 187 . ( 16 ) IN the first case, this Court has held that interfering with the election process which has already commenced on issue of the election process notice is not permissible in view of the statutory bar in Section 28-B of the Act. To the same effect is the ratio of the second case. ( 16 ) IN the first case, this Court has held that interfering with the election process which has already commenced on issue of the election process notice is not permissible in view of the statutory bar in Section 28-B of the Act. To the same effect is the ratio of the second case. In the third case, the Madhya pradesh High Court has also held that once the election process commences, it should be completed to its logical end. In this connection, it also referred to a decision of the Allahabad High Court in Anand Prakash v. Assistant Registrar, co-operative Societies, AIR 1968 All 22 , wherein it had been observed that an arbitrator acting under the Co-operative Societies Act has no inherent, implied or incidental or consequential power in the exercise of which he can pass an order of stay or in the nature of an injunction. Such an order is ultra vires powers and in the eye of law null and void, ( 17 ) ON due consideration of the cases referred to above we have no hesitation to hold that the ratio stated therein has no application to the present case. The non obstante clause contained in the amended provision, i. e. clause (g) (i) of Section 28 (2), takes care of the objection raised by the petitioners. The word 'notwithstanding' must be given its full effect. The very purpose of non obstante clause is that that provision shall prevail over any other provisions and other provisions shall not be of any consequence. In case there is any inconsistency or departure between the non obstante clause and other provisions, it is the non obstante clause that would prevail over other clauses. This being the legal position, the attack on the vires of the impugned provision has to fail. ( 18 ) THE contention that the impugned amendment is a colourable piece of legislation has also no basis. The impugned provision does not violate any of the constitutional provisions nor does it come in conflict with any other provisions in the Act. The memorandum dated 25. 5. 2001, the contents of which have been extracted hereinbefore, clearly indicates the mind of the legislature in enacting the amendment. As has been held by the Supreme court in the case of K. Nagraj (supra), no motive can be attributed to the legislature for making the impugned legislation. The memorandum dated 25. 5. 2001, the contents of which have been extracted hereinbefore, clearly indicates the mind of the legislature in enacting the amendment. As has been held by the Supreme court in the case of K. Nagraj (supra), no motive can be attributed to the legislature for making the impugned legislation. Law cannot be declared ultra vires unless the same is held to be contrary to or inconsistent with any constitutional provision or for want of legislative competency to enact the law. ( 19 ) NOW, coining to the factual background of the case, the Act was last amended in 1996. In the said amendment, almost similar provisions were made. The amendment in question was challenged before this Court and It was held that those provisions were ultra vires. We are in complete agreement with the ratio laid down by this Court in Pradip Kumar Moharathis case (supra), and applying the same, we hold that the Amendment Act does not violate the provisions of the Act or the Constitution. Since the amendments brought about in 1996 have already been held to be inter vires, it is not open to the petitioners to question the authority of the State Legislature in introducing the present amendments. ( 20 ) ALL the grounds urged by the petitioners being devoid of any merit, this writ petition fails and is hereby dismissed. There will be no order as to costs. R,k. Patra, J. I agree. Writ petition dismissed.