The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.17148 of 2025 Subash Chandra Sahoo and others ..... Petitioners State Of Odisha and others ..... -versus- Represented By Adv. - Tanmay Mishra Opposite Parties Mr. U.R. Jena, AGA WP(C) No.17182 of 2025 Smruti Ranjan Rout and others ..... Petitioners State Of Odisha and others ..... -versus- Represented By Adv. - Tanmay Mishra Opposite Parties
Legal Reasoning
Mr. U.R. Jena, AGA CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
Decision
ORDER 22.07.2025 Order No. 05. 1. 2. This matter is taken up through Hybrid mode. Both these writ petitions involved a common question of law, therefore, the same have been taken up for hearing together and the same are being disposed of by the following common order. 3. Heard learned senior counsels for the Petitioners as well as Page 1 of 5. learned counsel for the State-Opposite Parties. Perused the writ application as well as the documents annexed thereto. 4. By filing the present writ petition the Petitioners have prayed for quashing of order dated 04.06.2025 under Annexure-4 and further for issuance of a direction to convene and hold the meeting of the managing committee of the Opposite Party-Society. 5. Learned senior counsels appearing in both the writ petitions at the outset contended that by filing the present writ petitions the members of the managing committee prayed for direction to the Opposite Parties to convene and hold the meeting of the managing committee as well as the Board. They further contended that as per the Rule the meeting of the managing committee is to be held as provided in the Rules, otherwise the same has penal consequences. Learned senior counsels further contended that since the meeting of the managing committee as well as the Board is not being convened they are apprehending that the RCS, Odisha may take coercive action against the managing committee. 6. In course of argument, learned senior counsels appearing for the Petitioners contended that initially the managing committee of the Opposite Party-Society was suspended pending initiation of an inquiry. Such order was challenged before this Court by filing writ applications bearing W.P.(C) No.10885 of 2025 and W.P.(C) No.22362 of 2024. Both the writ applications were heard together and a common interim order dated 10.09.2024 has been passed. The impugned order dated 31.07.2024 and the consequential notice dated 27.08.2024 has been stayed by this Court. As such, it was contended that there is no bar in holding the meeting of the managing committee Page 2 of 5. as well as the Board which is a statutory requirement. 7. Learned counsel for the State on the other hand filed an affidavit dated 21.07.2025. On perusal of the said affidavit, it appears that Mr. Biswaranjan Mohanty has been disqualified under Section 28(3)(p) of OCS Act, 1962 by the DRCS, Khordha vide letter dated 19.11.2024. As such, it is alleged that he cannot convene any meeting as the above named Mr. Biswaranjan Mohanty, who happens to be the president of the managing committee. He further contended that as per Rule 35 of the OCS Rules, 1965, the president of the society has to convene the meeting of the managing committee. In the affidavit they have also referred to order dated 31.07.2024 where under the managing committee was placed under suspension by the RCS, Odisha under Section 32(1) of the OCS Act, 1962. The affidavit filed by the State further reveals that no interim order has been passed in W.A. No.365 of 2025. Learned counsel for the State further contended that in view of the Rule 35 of OCS Rules, the meeting can only be convened by the Chief Executive on the requisition from the two third of the elected members of the committee and at no point of time the Registrar Cooperative Society or any authority have debarred the Directors to convene such meeting. 8. Learned senior counsels appearing for the Petitioners on the other hand contended that the writ petition filed challenging the disqualification of the above named Mr. Biswaranjan Mohanty which is registered as W.P.(C) No.10885 of 2025is still pending and the same has not been disposed of. Further, it was contended that an interim order has also been passed protecting the Petitioner in the Page 3 of 5. above noted writ petition, although the disqualification has not been stayed. 9. In the aforesaid factual as well as a legal background, this Court observed that Mr. Biswaranjan Mohanty, the elected president, whose membership was disqualified under Section 28(3)(p) has approached this Court and his writ petition is pending, however, no interim order has been passed staying the disqualification order. As such, the above named Mr. Biswaranjan Mohanty cannot convene the meeting of the managing committee. Further, keeping in view the provision contained in Rule 35 of the OCS Rules, 1965, the meeting of the managing committee has to be convened statutorily. It further appears that Rule 36 (1) provides the meeting has to be convened at least once in a four months and that the notice of such meeting is to be given in writing to the members at least three days before the meeting or a longer period as is duly provided in the bi-laws of the concerned society. Similarly, Rule 35 of the OCS Rules provides that the meeting of the committee can be convened at the instance of the 1- President, 2- Chief Executive under the authority of the President, 3- Chief Executive on the requisition from the two third of the elected members of the committee. 10. In view of the aforesaid provisions contained in Rule 35 & 36 of the OCS Rules, 1965, this Court is of the view that even though the President, namely Mr. Biswaranjan Mohanty is disqualified and his challenge to such disqualification is pending before this Court, the meeting of the committee can very well be convened by the Chief Executive of the Society on the request of two third of the elected members of the committee. In view of the aforesaid clear legal Page 4 of 5. provision, the present writ petitions is being disposed of by granting liberty to the Petitioner to approach the Chief Executive of the Bank in terms of Rule 35 & 36 to convene a meeting of managing committee. The Chief Executive of the Society shall convene a meeting strictly in terms of Rule 35 & 36 of the OCS Rules, 1965 as expeditiously as possible preferably within a period of three weeks after giving due notice to the members. 11. With the aforesaid observations/directions, the writ application stands disposed of. Issue urgent certified copy of this order as per Rules. S.K. Rout ( Aditya Kumar Mohapatra ) Judge Signature Not Verified Digitally Signed Signed by: SANTANU KUMAR ROUT Reason: Authentication Location: High Court of Orissa, Cuttack Date: 23-Jul-2025 18:01:55 Page 5 of 5.