Umesh Kumar Singh S/o Late Ram Pravesh Singh, Chairman, The Katihar district Central Cooperative Bank Ltd. Etc. Etc. v. The State Of Bihar Through The Secretary, Co-operative Department,
2010-04-19
NAVANITI PRASAD SINGH
body2010
DigiLaw.ai
JUDGEMENT Navaniti Prasad Singh, J. 1. Petitioners are members of various Primary Agriculture Credit Societies. They are, undoubtedly, affiliated to the District level Central Co-operative Bank, whose apex body is the State Central Co-operative Bank. They have challenged the decision of the State Election Authority to hold election of the District Level Central Co-operative Bank. The basic challenge is that so far as District Level Central Co-operative Banks are concerned, the management thereof is elected by consortium of the Primary Agriculture Credit Societies, Vyapar Mandal Cooperative Societies and Cane Grower Societies and certain other affiliated Societies. 2. It is pointed out that in 2008, the Bihar Co-operative Societies Act and the rules thereunder were drastically amended. Substantial changes were made to Section 14 and Section 44 of the Act. One significant change was that earlier where there were PACS at village level, at times, for more than one village by the amendment it was provided that the jurisdiction of PACS would be co-terminus to Gram Panchayat. Thus, this re-organization first has to take place. 3. Mr. Y.V. Giri, learned Senior Counsel for the petitioners points out that while this re-organization was done, it was found that some Gram Panchayats now fell within urbanized area of municipality though not statutorily, it is now commonly referred to as Urban Panchayat. Admittedly, so far as other PACS are concerned, steps for holding elections have been completed but so far as such urban Panchayats are concerned, elections have not yet been notified. Then it is submitted that the collegiums to elect Managing Committee of the District Central Co-operative Bank includes Vyapar Mandals. State has decided that Vyapar Mandals have to be co-terminus in their jurisdiction with the block in a district. This re-organization is yet to be accomplished . It is the Chairman of the Vyapar Mandal upon such re-constitution, which would be the voters for electing the Managing Committee of the District Central Co-operative Bank along with Chairman of the PACS. 5. Learned Advocate General, Bihar, Patna does not contest the position that re-constitution of Vyapar Mandal and elections therein are yet to take place. 6. The counter affidavit of the State admits that there are to be 534 Vyapar Mandals whereas only 391 Vyapar Mandals are existing.
5. Learned Advocate General, Bihar, Patna does not contest the position that re-constitution of Vyapar Mandal and elections therein are yet to take place. 6. The counter affidavit of the State admits that there are to be 534 Vyapar Mandals whereas only 391 Vyapar Mandals are existing. The grievance of the petitioners , therefore, is that without completing the election of PACS (urban) ,without reconstituting and completing election of Vyapar Mandals, whose Chairmans are to elect the members of the district of the Central Co-operative Banks, how can this election be permitted. The election, if permitted, would be on a totally defunct electoral mandate incomplete from very beginning. 7. Considering this difficulty, learned Advocate General points out that under the new Scheme of the Agriculture Credit Soceity, Vyapar Mandals have no role to play. So far as District Central Co-operative Banks are concerned, apex body would be the State Central Co-operative Bank, the apex body for PACS. So far as Vyapar Mandals are concerned, their apex body would be BISCOMAUN. Thus, two would be operating in separate fields but very fairly he concedes that till statutory provisions and exercise are taken delinking Vyapar Mandals from PACS and/or District Central Co-operative Banks, the two would continue to constitute a part of the collegiums to elect members of the District Central Co-operative Bank. Thus, the situation, as admitted by all parties, is that a large majority of voters for the purpose of electing members to the District Central Co-operative Bank and its Director is yet to be finalized and without the voter list being finalized how elections would at all be called. In my view, the submission is correct. When law provides that the Director and the members of the Managing Committee of the District Central Co-operative Bank would be elected by PACS, Vyapar Mandal and other such Cooperative Societies then without completing the formality with regard to each of the constituency there could be no meaning of election. If elections are held then the members, who would like to contest and would seek support of the representatives of the Vyapar Mandal are totally deprived of their electorate because Vyapar Mandals would not be in a position to participate in the said election.
If elections are held then the members, who would like to contest and would seek support of the representatives of the Vyapar Mandal are totally deprived of their electorate because Vyapar Mandals would not be in a position to participate in the said election. This, in my view, is sufficient to hold that till either Vyapar Mandals are totally de-linked from the District Central Cooperative Bank or their re-organization and election completed, no election can take place so far as District Central Co-operative Banks are concerned or for that matter of the apex body, the State Central Co-operative Bank. 8. For the reasons aforesaid, after hearing the parties, the election, as announced by the State Election Authority for the Director and the members of the Managing Committee of the District Central Co-operative Banks is quashed. 9. The writ petitions are thus allowed.