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2019 DIGILAW 423 (UTT)

Rekha Devi v. State of Uttarakhand

2019-08-06

SUDHANSHU DHULIA

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JUDGMENT : SUDHANSHU DHULIA, J. 1. In this case, the Registrar has taken an action pursuant to the powers given to him under Section 477 of the Uttaranchal Co-operative Societies Rules, 2004 which have been framed under the Uttaranchal Co-operative Societies Act, 2003. 2. The case against the petitioner is that she had not supplied the minimum quantity of milk to the society in the requisite number of days. The minimum quantity of milk to be supplied in a year is 300 liters and this has to be spread over a period of 180 days, not less than that. Although the milk supplied by the petitioner is 445.8 liters i.e. more than the minimum requirement, but it has been supplied in just 83 days. Hence, the proceedings have been initiated against the petitioner and three other such members for their disqualification from the Primary Milk Society. 3. The only difficulty here is that this pertains to the year 2017-18 i.e. for a period from 01.04.2017 to 31.03.2018. Meanwhile, the petitioner as a delegate of the society was elected to the District Level Society and thereafter from the District Level Society to the Apex Body of the federation i.e. Milk Federation where she has been presently elected as a chairman. 4. The case of the petitioner is that these proceedings are not initiated by her society but by the Registrar under the powers given to him under Rule 477, which is purely a mala fide exercise of power inasmuch as it is highly belated exercise pertaining to the year 2017-18 and after the year 2017-18, in December, 2018 she was elected as the chairman of the Apex Body i.e. Uttarakhand Co-operative Dairy Federation. The petitioner also alleges that this entire exercise is politically motivated. 5. The fact, however, remains that these proceedings are not only initiated against the petitioner but also against three other members (four in all) who have supplied less than the required quantity of milk to the society. Under the Rules this is a violation which could entail a disqualification. 6. The case of the petitioner that these proceedings should have been initiated by the Society also does not hold much relevance as of now, inasmuch as, out of the seven members, proceedings have been initiated by the Registrar against four members after the Management Committee of the Society had failed to initiate the proceedings against them. 6. The case of the petitioner that these proceedings should have been initiated by the Society also does not hold much relevance as of now, inasmuch as, out of the seven members, proceedings have been initiated by the Registrar against four members after the Management Committee of the Society had failed to initiate the proceedings against them. Meanwhile, the petitioner has also been made virtually ineffective as the Chairman of the Federation, inasmuch as the five members have already resigned and no effective meeting is taking place. The petitioner apprehends that she may be removed at any point of time as the Chairman of the Federation. 7. In short there are two simultaneous proceedings against the petitioner, one as a member of the Apex Body and the other being the member of the Primary Society. 8. In view thereof, this Court directs the Registrar, Dugdh Sangh to take an appropriate action in the matter in accordance with law. He should consider as to why the belated action is being taken against the petitioner. In his order he should explain as to why highly belated action is being taken against the petitioner when all the records were available before him much before the said date. Moreover, why this action is being taken against the petitioner after she has been elected as the Chairman of the Apex Body. 9. Let the decision be taken by the Registrar, Dugdh Sangh as early as possible, but definitely within a period of four weeks from today. 10. Meanwhile, as far as Writ Petition (M/S) No. 2031 of 2019 is concerned, status quo as to the decision of the petitioner shall be maintained. 11. List these cases after four weeks in the daily cause list. 12. Let a certified copy of this order be given today itself on payment of usual charges.