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Judgment
WPC Nos.718/2018 and 1486/2018
Election to the Samta Grih Nirman Sahkari Society, Raipur was in progress, when the Registrar proceeded to draw fresh voters list on the basis of
newly inserted provision under Section 48(7) (b) of the Cooperative Societies Act, 1960 (in short “the Act, 1960â€).
Under the said provision, the Registrar had prescribed minimum level of service required to be availed by a member of Society to enable him to
either contest any election of a Board as a delegate or representative of a Co-operative Society or even to vote. The amendment so made in the Act,
1960 and the follow up Notification dated 2.11.2017 was assailed before the Division Bench of this Court in WPC No.1516 of 2018. The Division
Bench by its order dated 20.9.2018 allowed the writ petition and quashed the Notification dated 2.11.2017, by which, the offending criteria, as
mentioned above, was prescribed by the Registrar.
In view of the order passed by the Division Bench, the competent authority shall now proceed with the election of the subject Society in accordance
with law.
The writ petitions are disposed of accordingly.
WPC Nos.1113/2018 and 679/2018
In these petitions, challenge was to the order passed by the Chhattisgarh State Cooperative Tribunal on 16.2.2018, by which, the Tribunal has
quashed the order passed by the Registrar, Cooperative Societies, holding that the Registrar is fully empowered to prescribe the qualification in
exercise of powers under Section 48(7)(b) of the Act, 1960.
The Registrar had issued a Notification prescribing qualification on 4/11/2015, which was amended on 24/10/2017. Thus, the amendment dated
24/10/2017 became a part of the Notification dated 4/11/2015.
By a subsequent Notification dated 2/11/2017, the Registrar superseded its earlier Notification dated 4/11/2015, therefore, after quashment of the
Notification dated 2/11/2017 by the Division Bench of this Court in WPC No.1516 of 2018 vide order dated 20.9.2018, neither the said Notification nor
the previous Notification dated 4/11/2015 is in existence.
Thus, the impugned order of Tribunal, which itself was based on Notification dated 4.11.2015, is quashed.
Needless to say, the competent authority shall now proceed to hold the election, as directed in the previous paragraphs of this order, in accordance
with the provisions of the Act, 1960.
Accordingly, the above two writ petitions are also disposed of.