2004 (3) TMI 802 - HC - Indian Laws

Summary

Issues Involved:
1. Legality and validity of the Registrar's order assuming charge of the Chhattisgarh State Co-operative Marketing Federation.
2. Whether the petitioner was entitled to continue as Chairman until 3-1-2003 based on the notification extending the term for non-agricultural and non-credit apex societies.
3. Applicability of the Madhya Pradesh Sahakari Societies (Punargathan Aur Nirman) Ordinance, 2000, to the new state of Chhattisgarh.
4. Obligations of the outgoing committee to hold elections before the expiration of its term.
5. The petitioner's eligibility as a representative following the deregistration of the primary society.
6. Availability and applicability of alternative remedies.

Issue-wise Detailed Analysis:

1. Legality and Validity of the Registrar's Order:
The petitioner challenged the order dated 10th January 2002, by which the Registrar assumed charge of the Chhattisgarh State Co-operative Marketing Federation (Marketing Federation). The Registrar's action was based on the assumption that the society failed to hold elections as required under Sub-section (8) of Section 49 of the M.P. Co-operative Societies Act, 1960. The court upheld the Registrar's order, emphasizing that the Registrar acted within his competence and in accordance with the law.

2. Entitlement to Continue as Chairman until 3-1-2003:
The petitioner argued that the term of the Marketing Federation was extended by 12 months under the notification dated 28-10-2000, issued by the State of Madhya Pradesh. However, the court found that the Marketing Federation was an agricultural and credit society, not a non-agricultural and non-credit society. Therefore, the extension under the notification did not apply, and the petitioner was not entitled to continue beyond 3-1-2002.

3. Applicability of the Madhya Pradesh Sahakari Societies (Punargathan Aur Nirman) Ordinance, 2000:
The petitioner's counsel argued that the ordinance, which came into force before the formation of Chhattisgarh, should extend the term of the society's office bearers. The court noted that the ordinance lapsed after six months as it was not enacted into law by the Chhattisgarh Legislature. Consequently, the petitioner could not rely on the ordinance for an extension of his term.

4. Obligations to Hold Elections:
The court examined whether the outgoing committee fulfilled its obligation to hold elections before the expiration of its term. It was found that the petitioner did not request the Registrar to hold elections 90 days before the term's expiration. The petitioner's reliance on the notification extending the term until 3-1-2003 was misplaced, as it did not apply to the Marketing Federation.

5. Petitioner's Eligibility as a Representative:
The primary society from which the petitioner was a delegate was deregistered on 28-2-2002. Under Rule 45 of the Chhattisgarh Co-operative Societies Rules, 1962, the petitioner ceased to be a representative following the deregistration. Therefore, the petitioner's claim to continue as Chairman was further invalidated.

6. Availability and Applicability of Alternative Remedies:
The respondents argued that the petitioner had an alternative remedy before the State Co-operative Tribunal, where a related petition by the petitioner's wife was pending. The court acknowledged the Tribunal's abolition but cited the Supreme Court's ruling that the exclusion of writ jurisdiction by alternative remedy is discretionary. Given the legal questions involved, the court chose to entertain the writ petition.

Conclusion:
The court dismissed the writ petition, concluding that the petitioner was not entitled to continue as Chairman beyond 3-1-2002. The court found no merit in the petitioner's claims and upheld the Registrar's order assuming charge of the Marketing Federation. The petitioner's failure to request elections within the required timeframe and the deregistration of the primary society further weakened his case.