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2013 DIGILAW 132 (CHH)

KRISHAN BIHARI JAISWAL v. STATE OF C. G.

2013-04-16

SATISH K.AGNIHOTRI

body2013
ORDER (OPEN COURT) With the consent of learned counsel appearing for the parties, the matter is heard finally. 1. W.P.(C) Nos.487, 491 & 492 of 2013, involve common facts and common question of law and, as such, require consideration and disposal by the common order. 2. The grievance of the petitioners in these petitions are that the term of the Board of Directors, Chhattisgarh State Cooperative Marketing Federation Limited, has come to an end i.e. on 16.04.2013 and under the provisions of C.G. Co-operative Societies Act, 1960 (for short "the Act, 1960"), the election must be initiated prior to end of the term. Accordingly, a letter dated 10.01.2013 was sent by the Chairman of the Board of Directors to the Registrar, C.G. Co-operative Societies, informing the last date of election of 5 years with request to conduct the election, as early as possible. 3. There against, the State initiated an election program by order dated 24.01.2013. In the meantime, pursuant to incorporation of Part IXB in the Constitution of India, by the Constitution (Ninety-seventh Amendment) Act, 2011 w.e.f. 15.02.2012, the State Legislature brought out amendment Act namely the Chhattisgarh Co-operative Societies (Amendment) Act 2012 (for short “the Amendment Act, 2012”), wherein, after clause (bb) the following clauses was added. The relevant extract is under:- “(cc) xxx xxx xxx (dd) xxx xxx xxx (ee) xxx xxx xxx (ff) xxx xxx xxx (gg) xxx xxx xxx (hh) xxx xxx xxx (ii) xxx xxx xxx (jj) “State Election Commission” means an authority or body referred to in Article 243K of Constitution of India, for the purpose of superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to a Cooperative society. xxx xxx xxx" 4. The superintendence, direction and control of the preparation of electoral rolls for, and conduct of, all elections to a Co-operative society was entrusted to the State Election Commission. This amendment came into force on 13.02.2013. 5. Shri Marhas, learned counsel appearing for the State Election Commission submits that the amendment Act by the State Legislature is not in consonance with the constitutional requirement and also it is cryptic and vague. This amendment came into force on 13.02.2013. 5. Shri Marhas, learned counsel appearing for the State Election Commission submits that the amendment Act by the State Legislature is not in consonance with the constitutional requirement and also it is cryptic and vague. It is worthwhile to mention that there is no challenge to the provisions; ibid, in these petitions and also no other petition has been filed challenging the validity of the provisions of the Amendment Act, 2012 as incorporated by the State Legislature. 6. On perusal, Part-IX was incorporated in the Constitution of India by the Constitution (Seventy-third Amendment) Act, 1992 w.e.f. 24.04.1993. Article 243 K deals with elections to the panchayats, wherein, it was provided that the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Panchayats, shall be vested in a State Election Commission consisting of a State Election Commissioner to be appointed by the Governor. Thus, initially, the State Election Commissioner was appointed under the afore-stated provisions, for the purpose of superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Panchayats. 7. Under the provisions of Article 243ZA, the superintendence, direction, control and regulations, as afore stated, in respect of Municipalities also vested in the State Election Commission. Subsequently, by incorporation of Part-IXB, as aforestated, the superintendence, direction, regulations and conduct of elections to the Co-operative societies was also vested in the same authority i.e. the State Election Commissioner. Article 243ZK(2) provides for elections to a co operative society shall vest in such an authority or body, as may be provided by the Legislature of a State, by law. Accordingly, the Amendment Act, 2012 made provisions by incorporation of law. Proviso to Article 243ZK(2) enables the Legislature of a State to provide for the procedure and guidelines for the conduct of such election. 8. The State Legislature, accordingly, amended the C.G. Co-operative Societies Act, 1960 by the C.G. Co-operative Societies (Amendment) Act, 2012, whereunder, the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the a Co-operative society was entrusted to the State Election Commission as an authority or body referred to Article 243K of the Constitution of India. 9. 9. Article 243K of the Constitution providing for appointment of State Election Commissioner was the first step for the purpose of Panchayat election, which was thereafter extended to Municipal election and further by constitutional amendment, as aforestated, and the amendment Act for election to a cooperative society. Thus, the contention of Shri Marhas that sub-section 2(vii)(jj), as added, is cryptic and ambiguous, is not sustainable. All the provisions are so clear, as they do not admit any confusion, ambiguity or different meanings. 10. Once the Amendment Act, 2012 has come into force, which is according to the requirement, as aforestated, it is the responsibility of the State Election Commission to supervise, control preparation of electoral rolls and also conduct all elections to a co-operative society. Thus, the State Election Commission is under an obligation to conduct the election as informed by letter dated 30.03.2013 by the State Government to the State Election Commission. With regard to terms of the Board of Directors, the provisions of the Act, 1960 shall take its course. 11. According, all the writ petitions are allowed to the above-extent and the State Election Commission is directed to take over the conduct of election, as aforestated, and complete the same, as expeditiously as possible. No order as to costs. Petition Allowed.