ORDER : 1. By filing this W.P. (PIL), the petitioner has prayed for issuance of a writ in the nature of mandamus for reserving at least 50 per cent of seats for women in the Primary Meeting for the election of delegates for the General Body of the Dhanbad Central Co-operative Bank Ltd., Dhanbad, as per Rule 21-H(4) of the Bihar Co-operative Societies Rules, 1959 and Section 14 of the Jharkhand Co-operative Societies (Amendment) Act, 2015. The petitioner has also prayed for issuance of a writ staying the election of 2018 for the delegates of the General Body of the Bank till the reservation rights of women at least 50 per cent of the total seats for the delegates in the Primary Meeting is confirmed as per law. 2. It is brought to our notice by filing counter affidavit by the State, that as per amendment made in Section 14 of the Act, in the year 2015, 50 per cent seats in the Managing Board has already been reserved for the women members out of which two seats is reserved for the Scheduled Castes and Scheduled Tribes women in the Board of every Co-operative Society consisting of individuals as members and having members from such class or category of persons. However, the petitioner is not satisfied by such amendment in view of the fact that the petitioner wants that every Primary Meeting should have at least 50 per cent women. 3. Referring to Rule 21-H(4) of the Bihar Co-operative Societies Rule, 1959, it is gathered that the procedure of election in the primary meeting of a society shall be same as in the meeting to elect members of the Managing Committee, Office bearers thereof and the delegate of the society as provided in these Rules. As per Rule 2(xxi) of the Rule, 1959, “Preliminary Meeting” has been defined as a meeting held in accordance with the rules to elect delegates or members. Rule 8 of the Rule, 1959 provides for eligibility of membership. It is a neutral principle that any person having attained the age of 18 years, not being a paid employee of the society or of unsound mind or bankrupt or has been convicted for an offence involving moral turpitude, can be a member of the society. 4.
Rule 8 of the Rule, 1959 provides for eligibility of membership. It is a neutral principle that any person having attained the age of 18 years, not being a paid employee of the society or of unsound mind or bankrupt or has been convicted for an offence involving moral turpitude, can be a member of the society. 4. It appears that the membership of a society is voluntary since, different persons having different vocations and interest may apply for being members or the primary members of a society, who can vote in a primary meeting, it shall not be appropriate on our part to give a direction to make a suitable amendment and induct at least 50 per cent of women, as members of the primary society. In fact, there is no restriction on the number of members in cases where the vocational group, primary consists of such persons, who take up jobs or vocations, which can be performed by women only, then a primary society can be constituted in which 100 per cent member can be of a female gender. 5. Furthermore, it is brought to the notice of this Court that already amendment has been made for 50 per cent representation to the Board of Directors. It is also brought from the record that the petitioner has suppressed material facts. He contested in the election of 2018 and having lost in the election, he has filed this W.P. (PIL) without stating that he has contested in the election and in the primary meeting, as he did not secure enough votes to be declared as delegate and even in the supplementary affidavit, the petitioner has not averred anywhere. 6. In that view of the matter, we are not inclined to intervene in the instant W.P. (PIL) and to pass any mandamus to the State Government. Accordingly, this W.P. (PIL) is dismissed. 7. There shall be no order as to costs. 8. Pending application, if any, stands disposed of. 9. Grant urgent certified copy of this order as per the Rules.