The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.C.(S.B.) No. 6 of 2022 ---------- Adarsh Sahkari Grih Nirman Swalambi Simiti Ltd. having its office at Adarsh Nagar, P.O. & P.S. Sonari, Jamshedpur, District East Singhbhum, represented through its Adhoc Chairman namely Partho Prakash Majhi, son of Sri Sanatan Majhi, resident of LD-4, 8th Phase, near Ashiana Garden ATM, Adarsh Nagar, P.O. & P.S. Sonari, Jamshedpur, Dist. East Singhbhum. ………. Appellant/ Original Respondent No. 8 Versus 1. Adarsh Welfare Society, represented through its President namely, Om Prakash Singh, son of late Ishwar Deo Singh, having its registered office at D1-S (Ground Floor), 9th Phase, Adarsh Nagar, P.O. & P.S. Sonari, Town-Jamshedpur, Dist. East Singhbhum. 2. Sri Dhananjay Dey, Secretary, Adarsh Welfare Society, Jamshedpur having its office at D-1/S 9th Phase, Adarsh Nagar, Sonari, P.O. & P.S. Sonari, Jamshedpur, District East Singhbhum. 3. Central Bank of India, Sonari Branch, P.O. & P.S. Sonari, Town Jamshedpur, District East Singhbhum. 4. The Sub-Divisional Officer, Dhalbhum, P.O. & P.S. Dhalbhum, Jamshedpur, District East Singhbhum. 5. The District Co-operative Officer, Jamshedpur, P.O. & P.S. Sonari, Jamshedpur, Dist. East Singhbhum
Legal Reasoning
6. Sri Amar Bhushan Kranti, District Co-operative Officer, Jamshedpur, P.O. & P.S. Sonari, Jamshedpur, District East Singhbhum. 7. Sri Anil Kumar Srivastava, District Co-operative Officer, Jamshedpur, P.O. & P.S. Sonari, Jamshedpur, District East Singnbhum. ………. Respondents/ Respondents. With A.C. (S.B.) No. 5 of 2022 Yognandan Yadav, son of late Ram Pratap Yadav, resident of Plot No. 12, 1st Phase, Adarsh Nagar P.O. & P.S. Sonari Town Jamshedpur, District East Singhbhum ……….. Appellant Versus 1. The State of Jharkhand through its Chief Secretary. 2. The Principal Secretary, Department of Agriculture, Animal Husbandry & Co-operative, Govt. of Jharkhand, Nepal House, Doranda, Ranchi. 3. The Sub-Divisional Officer, Dhalbhum, P.O. & P.S. Sakchi, Jamshedpur, District East Singhbhum 4. The Registrar, Co-operative Societies, Pashupalan Bhawan, Hesag, P.O. Dhurwa, P.S. Jagarnathpur, District Ranchi. 5. The District Co-operative Officer, East Singhbhum at Jamshedpur, P.O. & P.S. Sakchi, Dist. East Singhbhum 6. Sri Amar Bhushan Kranti, District Co-operative Officer, East Singhbhum at Jamshedpur, P.O. & P.S. Sakchi, District East Singhbhum. 7. Sri Anil Kumar Srivastava, District Co-operative Officer, East Singhbhum at Jamshedpur, P.O. & P.S. Sakchi, District East Singnbhum. 8. Central Bank of India, Sonari Branch, Jamshedpur. 9. Adarsh Welfare Society, Jamshedpur represented through its President namely, Om Prakash Singh, having its registered office at D-1/S 9th Phase, Adarsh Nagar, P.O. & P.S. Sonari, Jamshedpur, Dist. East Singhbhum 10. Sri Dhananjay Dey, Secretary, Adarsh Welfare Society, Jamshedpur having its office at D-1/S 9th Phase, Adarsh Nagar, Sonari, P.O. & P.S. Sonari, Jamshedpur, District East Singhbhum ………. Respondents/ Respondents. CORAM: HON'BLE DR. JUSTICE S.N.PATHAK ---------- For the Appellants ----------- : Mr. Navaniti Prasad Singh, Sr. Advocate Mr. Dhananjay Kumar Pathak, Advocate For the Resp. Nos. 1 & 2 : Mr. Sanjay Tripathi, Advocate For the State 15/ 15.04.2024 Heard the parties. Mr. Diwakar Upadhyay, Advocate : Mr. Raunak Sahay, AC to GP-V Mr. Ravi Prakash Mishra, AC to AAG-II ---------- 2. Since, the issues involved in both the Appeals are similar and identical and as such, they have been tagged together and are being
Decision
disposed of by this common order 3. Appellants have approached this Court with multiple prayers but now they confine their prayer for a direction upon the respondent No. 4 to hold free and fair elections. On the other hand, it is the specific stand of the respondents that elections have already been held and as such, both the Appeals have become infructuous. 4. The instant Appeals have been heard at length on several consecutive dates. 5. Heard Mr. Navaniti Prasad Singh, learned senior counsel assisted by Mr. Dhananjay Kumar Pathak, learned counsel appearing for the appellants as well as Mr. Sanjay Tripathi, learned counsel assisted by Mr. Diwakar 2 Upadhyay, learned counsel appearing for respondent Nos. 1 and 2 and Mr. Raunak Sahay and Ravi Prakash Mishra, learned Associate Counsel for the respondent-State. 6. From perusal of the different documents brought on record by way of affidavits and the specific averments made in the memo of appeals as well as submissions of learned counsel for the parties, it transpires that appellant was initially registered under Co-operative Societies Act, 1935 vide Registration No. 4 Jamshedpur/ 1980 and was earlier known as Adarsh Co- operative Housing Construction Society Ltd. Subsequently, it was registered under Self Supporting Co-operative Societies Act, 1996/2000 with an objective to make the Co-operative Societies more accountable, competitive, self-reliant business enterprises, self-help and mutual aid and owned, managed and controlled by the members of their economic and social betterment. With the aforesaid objectives, entire society was registered and converted under Act, 2000 for effective administration and functioning of the Society. 7. As per the Act, it was decided that the allottee members/ residents shall form Welfare Association in each phase within 60 days or so or as such the Act permits. In view of directions, allottee members/ residents formed Welfare Association in each phase within 60 days, however, respondent No. 1 society did not choose to form any Welfare Association/ Society within a period of 60 days. Instead, they formed a Welfare Society with ulterior motive and as such, the dispute arose. 8. Since formation of the Welfare Society by respondent No. 1 Society was not as per the Act, their membership from promoting co-operative society being the appellant has already been terminated in terms of letter dated 30.09.2016 and 14.03.2017 and as such, they had no authority to form Welfare Society by getting the same registered under Society Registration Act, 1860 and their registration under Society Registration Act is against the provisions contained in Section 12 of the Bihar Self Supporting Co- operative Societies Act. 3 9. It has been argued by learned senior counsel for the appellants that the respondent No. 1 Society was formed with an ulterior motive to extract more money from the allottees who are the members of the present appellant. It was further argued that formation of new Society and its registration under Societies Registration Act, 1860 is clearly in contravention and violation of Section 12 of the Bihar (now Jharkhand) Self Supporting Co-operative Societies Act, 2000. Therefore, in absence of any ‘No Objection Certificate’ from this appellant, the existence of the Society itself is questionable in view of legal competency. However, learned senior counsel submits that, at this stage, he is not questioning the existence of the Welfare Society rather, he seeks issuance of a direction from this Court to the Sub-Divisional Officer, Dhalbhum for holding free and fair elections in accordance with law and as per the Act. 10. On the other hand, Mr. Sanjay Tripathi, learned counsel representing the respondent Nos. 1 and 2 assisted by Mr. Diwakar Upadhyaya, learned counsel, by vehemently opposing the contention of learned senior counsel for the appellants submits that the elections are already over and as such, there is no question of any fresh election arise. Learned counsel submits that elections were conducted on 07.08.2022 and the Welfare Society is already functioning and its existence cannot be questioned. Learned counsel submits that the present appeals itself have become infructuous and the Welfare Society run by the respondent Nos. 1 and 2 has to be accepted by the appellants. 11. Upon perusal of the records and hearing the parties, this Court is of the view that for better appreciation of the matters, it would be apposite to frame legal issues, which are as follows: (I) Whether any election was held following the procedures which can be termed to be a free and fair one in the eyes of law? (II) Whether the competent authority to hold such election was the Sub-Divisional Officer and whether any approval has been taken from him regarding holding of such election? 4 (III) Whether the Appeals have become infructuous inasmuch as elections are already over? (IV) Whether in view of letter No. 927 dated 06.08.2022, directions can be given to respondent No. 4- Sub-Divisional Officer, Dhalbhum, Jamshedpur for holding free and fair election? 12. From letter No. 927 dated 06.08.2022, it appears that no permission was given by the Sub-Divisional Officer, Dhalbhum, Jamshedpur for holding any election on 07.08.2022. In absence of any approval/ permission for holding elections, any elections conducted by the respondents cannot be said to be an election in the eyes of law and it does not have any statutory force, even if it was held, since the same was in complete violation of prevalent Acts and Rules and against the order of Sub-Divisional Officer. 13. It was clearly stated that more than one ad-hoc committee has been formed, which are now 6 in numbers and out of the said 6 ad-hoc committees, who is eligible to conduct the Election, is not clear. The Sub- Divisional Officer was of the view that if the ad-hoc committee who has decided to conduct election on 07.08.2022 is permitted, then other 5 ad-hoc committees may create nuisance and law and order problem and hence, he denied to accord permission for holding the election. 14. From the aforesaid observations and directions of the Sub-Divisional Officer, it can comfortably be inferred that there was no approval to hold any election on 07.08.2022 and as such, even if any elections was held dehors the rules and is in utter violation of orders, directions and observations of the Sub-Divisional Officer. The same is nullity in the eyes of law and hence, have no legal force to continue. 15. In view of the aforesaid observations of the Sub-Divisional Officer, suffice it would be if a fresh direction is issued to the Sub-Divisional Officer for holding free and fair election in accordance with law and as per the Act with the aid and advise of the District Co-operative Officer, Jamshedpur (respondent No. 5), after fixing a date and thereafter, hold elections with prior information and due notice to all its members. 5 16. Let the entire exercise be completed within a period of two months from the date of receipt/ production of a copy of this order. The District Administration shall co-operate for ensuring free, fair and peaceful election. 17. The aforesaid issues have been answered accordingly, since in view of letter No. 927 dated 06.08.2022, no elections were held as permission/ approval was not granted by the Sub-Divisional Officer, who is the competent authority as per the Act for granting permission for holding election. 18. Accordingly, both the appeals are disposed of. 19. Pending I.As., if any, stands closed. kunal/- (Dr. S.N. Pathak, J.) 6