HARIPADA CHAKRABORTY Vs. STATE OF TRIPURA
HIGH COURT TRIPURA
STATE OF TRIPURA
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AKIL KURESHI,J. -
(1.) Petitioners were elected members of the Board of Directors of the Tripura State Co-operative Bank Ltd., respondent No.4 herein. By the impugned notification dated 29/30.10.2018 issued by the Registrar of Cooperative Societies, Government of Tripura, the entire Managing Committee was superseded and instead Principal Secretary, Department of Co-operation was appointed as an Administrator to manage the affairs of the Bank.
(2.) Brief facts are as under:
The petitioners were members of Primary Co-operative Societies and were, therefore, eligible for being elected as members of the Managing Committee of the respondent No.4-Society. Election to constitute the Committee took place in the year 2016. All the petitioners were declared elected on 08.05.2016. The term of the elected members of the Committee being 5 years, ordinarily they would hold such elected position till 07.05.2021. However, their term was curtailed on account of the impugned notification superseding the Committee. Impugned notification reads as under:
'Whereas, a proposal was sent to the General Manager, Reserve Bank of India, Jackson Gate, Agartala, West Tripura District, by this office vide letter even number dated 19-09- 2018, to accord approval for removal of the present Committee of the 'Tripura State Co-operative Bank Ltd' as per the provision of section 74(7) of the Tripura Co-operative Societies Act, 1974 as amended from time to time, but no views have yet been received by this office from the Reserve Bank of India;
Now, in exercise of powers conferred under section 74(1)(a)(ii) of the Tripura Co-operative Societies Act, 1974 as amended by Tripura Co-operative Societies (Fourth Amendement) Ordinance, 2018, the undersigned superseds the present Committee of the 'Tripura State Co-operative Bank Ltd', Post Office Chowmuhani, P.O:-Agartala, West Tripura District, and appoints Sri Barun Kumar Sahu, IAS, Principal Secretary, Department of Co-operation, Government of Tripura, as Administrator of the 'Tripura State Cooperative Bank Ltd' to manage the affairs of the Bank with immediate effect for the period not exceeding 2(two) months.
This Notification is issue as per the approval of the Government vide U.O No.4178/CM/2018, dated 29-10-2018.
Registrar of Coop. Societies,
Government of Tripura.'
(3.) This notification the petitioners have challenged on various grounds. However, the principal ground of challenge is that the mandatory requirement provided in Section 74 of the Tripura Co-operative Societies Act, 1974 was not followed before impugned notification was issued. The contention of the petitioners also is that the entire action of the Government was predetermined and prejudged. In this context, learned counsel for the petitioners pointed out that originally under sub-section (7) of Section 74 of the Co-operative Societies Act, any supersession of the committee could only be done without the prior approval of the Reserve Bank of India. The Government of Tripura promulgated an ordinance on 15.10.2018 substituting sub-section (7) of Section 74 of the Co-operative Societies Act as per which the supersession of the committee of a State Co-operative Bank could be done with prior consultation with the Reserve Bank of India. Thus, the earlier requirement of previous approval was toned down to the requirement of consultation with RBI. Immediately thereafter the action of supersession followed.;
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