ALL ORISSA STATE BANK OFFICERS HOUSING CO-OPERATIVE SOCIETY Vs. STATE OF ODISHA
LAWS(ORI)-2020-7-2
HIGH COURT OF ORISSA
Decided on July 03,2020

All Orissa State Bank Officers Housing Co-Operative Society Appellant
VERSUS
STATE OF ODISHA Respondents

JUDGEMENT

P.Patnaik, J. - (1.) Relief sought for in the aforesaid writ applications are more or less similar, with the consent of the respective parties all the writ petitions have been heard analogously and are being disposed of in this common order.
(2.) In W.P.(C) No.13076 of 2017 the petitioner calls in question the order dated 18.04.2017 passed by the opposite party No.1 in Appeal No.01 of 2014 whereby and whereunder the appeal filed by the petitioner society has been dismissed confirming the action of opposite party no.2 in deleting/modifying/changing the clause of the Bye-law of the society. The petitioner has sought for issuance of a writ of certiorari for quashing the impugned order under Annexure-6 and order under annexure-8. The brief facts leading to filing of the writ petition are that the petitioner society was registered under the Odisha Co-operative Societies Act, 1962 with the avowed objective of providing pucca building and to provide loan to members for construction of houses as per the Bye-law of the petitioner society as evident from Annexure1. While the matter stood thus, another Act namely, Self Help Cooperative Societies Act, 2001 was enacted and the petitioner society was registered under the said Act vide registration no.35 dated 11.06.2010. In order to protect the interest of the members, those who are on the verge of retirement, a Resolution was passed by the Society by following due procedure as provided under section 7 of the Act 2001 for clarification/amendment of the Article of association by adding once admitted the membership will continue till death/withdrawal or cessation of the membership. The said Resolution was forwarded to the opposite party no.2 vide letter under Annexure-3. In the year 2013 the Self Help Co-operative Societies Act, 2001 was repealed with effect from 06.06.2013 vide Odisha Gazette Notification dated 01.10.2013. As per the deeming clause (repeal Act, 2013) the petitioner society automatically got registered under Odisha Cooperative Societies Act, 1962. After repeal of the said Act, 2001, the petitioner society took decision to amend the Bye-law and the petitioner society forwarded the proposed amendment to opposite party no.2 for registration vide letter dated 31.08.2013 as per Annexure-5 and the proposed amendment with all documents forwarded to opposite party no.2 was received by opposite party no.2 on 02.09.2013. In view of the provisions of Section 12(4-a) of O.C.S.Act, 1962 on expiry of 60 days from the date of application of registration of amendment in Bye-law, the amendment of the Bye-law of the petitioner society is deemed to have been registered with effect from 01.10.2013, but the opposite party no.2 by exceeding its jurisdiction made certain changes in the Bye-law after the cut-off date in deleting Clause-6 and modifying/changing clause 8(5) of the Bye-law of the petitioner society vide Registration dated 03.09.2014. Being aggrieved by the action of opposite party no.2, the petitioner society preferred an appeal before the State Government under section 109-(2-b) of O.C.S.Act, 1962 which was registered as Appeal No.01 of 2014 vide Annexure-7 and the said appeal has been dismissed vide impugned order dated 18.04.2017 under Annexure-8. In the aforesaid factual backdrop the instant writ petition has been filed by the petitioner society under Articles 226 and 227 of the Constitution of India for redresal of its grievance.
(3.) In W.P.(C) No.19962 of 2017 the petitioner has challenged the order dated 16.08.2017 passed by the learned Cooperative Tribunal, opposite party No.1 in Misc.Case No.18 of 2016 arising out of Election Dispute Case No.17 of 2015 filed by opposite party no.4 in deciding the issue of maintainability. The petitioner sought for setting aside the impugned order dated 16.08.2018 under Annexure-16 passed by the learned Co-operative Tribunal to the extent of maintainability of election dispute and restraining the petitioner from taking policy decision involving the financial implication. The brief facts of the case are that the provisions of Clause-5 of the Bye-law speaks about members of Odisha State Bank Officers Housing Co-operative Societies Ltd. shall be deemed to be the members of the society registered under the Co-operative Societies Act, 1962. The Society issued election Notification dated 13.12.2014 for election of members to the committee of the management of the society. The petitioners being the members filed their nominations. Since there was no objection to the nomination, nor any election dispute, the petitioners were elected to different positions of the committee of the management of the society and the results were declared as per Annexure-7 series. The opposite party no.4-plaintiff never objected to the nomination of the petitioners. While the petitioners were continuing as office bearers of the society, the opposite party no.4-plaintiff filed election dispute dated 06.05.2015 before the Co-operative Tribunal challenging the election of the petitioners much after the period of limitation as provided under the Statute on the ground that the petitioners were not members after retirement from services. Copy of the election dispute and written statement filed by the petitioners are annexed as Annexures-9 and 10 to the writ petition. The learned Tribunal vide order dated 05.05.2016 restrained the petitioners from dealing with the day to day business of the society and directed not to participate in the decision in the matter of financial implication as per Annexure-14. Being aggrieved by the said order, the petitioners preferred W.P.(C) No.9872 of 2016 which was disposed of on 09.01.2019 by setting aside the order dated 05.05.2016 in remanding the matter back for hearing afresh as per Annexure-15. The learned Tribunal vide order dated 16.08.2017 though allowed the petitioners to deal with the day to day business of the society, but restrained them to take policy decision involving the financial implication till disposal of the election dispute as per Annexure-16. In the aforesaid backdrop, the impugned order dated 16.08.2017 under Annexure-16 is under challenge in the instant writ petition.;


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