R.A. Sharma, J. - (1.) In Writ Petition No. 40006 of 1994 petitioner No. 1 is C.O.D. Chheoki Employees Co-operative Society Ltd. and Petitioner No.2 is one of its members. In Writ Petition No. 40121 of 1994 petitioners are members of a Co-operative Housing Society, known as Natraj Sahkari Avas Samiti Ltd., Agra. They have filed these writ petitions challenging the validity of Rules 393, 393-A, 393-B, 440, 444-A(3) and 453 (5) (i) of U.P. Cooperative Societies Rules, 1968 (hereinafter referred to as the Rules) framed under U.P. Co-operative Societies Act, 1965 (hereinafter referred to as the Act), whereby provisions have been made for reservation of seats for Scheduled Castes or Scheduled Tribes, Backward Classes of citizens and woman in the Committee of Management of the Co-operative Societies. Further prayer for quashing the election programme and determination of constituencies in their favour has also been made.
(2.) In response to our Order granting time to the respondents to file counter affidavit, Assistant Registrar has filed counter affidavit in Writ Petition No. 40006 of 1994 and the petitioners in reply thereto have filed rejoinder affidavit. We have heard learned counsel for the petitioners and the learned Standing counsel. We have also heard Sri. A. Kumar, who represents the interveners in Writ Petition No. 40006 of 1994 and Sri Jai Singh, learned counsel for Cane Co-operative Societies.
(3.) Learned counsel for the petitioners have challenged the above rules on the following grounds: (i) Reservation in election to the Committee of Management of the Co-operative Society is antithesis to Co-operative movement as enacted in the U.P. Co operative Societies Act, and is also beyond Legislative competence. (ii) Bringing into society rank outsider by process of reservation and nomination is violative of Article 19(1) (c) of the Constitution of India. (iii) Power conferred on the Government for nominating the members of the weaker section does not contain any guidelines and is arbitrary and ultra vires. (iv) State cannot make reservation under Article 15(3) & (4) of the Constitution of India in the Committee of Management of the Cooperative societies. (v) The definition of the expression Backward classes of citizens as contained in the explanation to sub-rule (i) of Rule 393 is contrary to the criteria laid down by Article 15(4) of the Constitution and (vi) Constitutional scheme does not contemplate reservation in election for constituting a Committee of Management of Co-operative Society.;