SUBHASH BEHAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) SINCE there is a common question of law involved in all the petitions, therefore, all these petitions have been heard together and are being disposed of by this common judgment.

(2.) BY means of all these petitions, the petitioners have initially challenged the validity of the Uttarakhand Co-operative Societies (Amendment) Ordinance, 2007 dated 22-10-2007 promulgated by the Governor of Uttarakhand by amending Section 29 of the Uttarakhand Co-operative Societies Act, 2003 (hereinafter referred as 'principal Act, 2003' ). Thereafter, the aforesaid Ordinance was replaced by an Amendment Act known as "uttarakhand Co-operative Societies (Amendment) Act, 2007 (Annexure-6) of Writ petition No. 1203 (M/b)2007) by which the tenure of the Management Committee of the co-operative Societies and its elected members has been reduced from 5 years to 2 years. Consequently, the respondent No. 4 appointed the Administrators in all the cooperative Societies at all levels in the State of Uttarakhand. The petitioners have challenged validity of the Uttarakhand co-operative Societies (Amendment) Act, 2007 (hereinafter referred as 'amending Act, 2007'), reducing the tenure of the Management Committee and its elected members from 5 years to 2 years, on the grounds that the sole intention of Amending Act, 2007 was to dislodge the elected members of the Management Committee of Co-operative Societies to manage its affairs which is not only an infringement of the vested rights which have accrued in favour of the elected members of Committee of Management of the Cooperative Societies but it is an invasion over the fundamental rights of the petitioners guaranteed under Article 19 (1) (c) of the Constitution of India; the Amending Act, 2007 has been actuated by mala fide and colourable exercise of power, the Amending act, 2007 curtailing the term of the Committee of Management is against the fundamental principle of formation of Co-operative Society and negates the principle of Cooperative Society.

(3.) THE respondent Uttarakhand State has filed the counter affidavit and stated that the Amending Act, 2007 did not infringe the fundamental rights of the petitioners guaranteed under Article 19 (1) (c) of the Constitution of India; no citizen has a fundamental right under Article 19 (1) (c) of the Constitution to become a member of Co-operative society; the rights of the petitioners as elected Members of the Management Committee in the Co-operative Societies are governed by the provisions of the Statute and the rights to become a Member of the Management Committee of the Co-operative Societies is a statutory right; the State Legislative is competent to make an enactment with regard to the Co-operative Societies of the State; the Amending Act, 2007 can only be challenged on the ground of lack of competence of the Legislature to enact the law or it invades the fundamental rights of the petitioners guaranteed under Part-Ill of the constitution; the Amending Act, 2007 was enacted with a view to enshrine smooth and efficient working of the Committee of Management of Co-operative Societies as stated in the Objects and Reasons of the Bill; and the Legislature decided to reduce the term from 5 years to 2 years in respect of the management Committee of the Co-operative societies which are already constituted or which may be constituted hereinafter which cannot be termed as arbitrary.