Laxmikant Sharma vs State Of Bihar - 2021 Supreme(Pat) 791

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Pat) 791

S. KUMAR
Laxmikant Sharma – Appellant
Versus
State Of Bihar – Respondent

Advocates Appeared:
Mr. Tuhin Shankar, Advocate, for the Appellant; Mr. Rajiv Kumar Singh, Advocate, for the Respondent.

JUDGMENT (CAV)

1. The following issues arise for consideration:

1. Whether the Bihar Co-operative Societies Rules, 1959 (referred to as the Rules) suffer from the vice of excessive delegation of the powers envisaged under the parent Statute, i.e. the Bihar Co-operative Societies Act, 1935 (referred to as the Act)?

2. Whether the power to the specified officers to grant membership in a society violates Article 19(1)(c) of the Constitution of India; and provisions of the Act?

3. Whether the order passed by a superior authority can be subjected to scrutiny by an authority subordinate to it? Whether the Rules provide for a redressal or appeal mechanism against the orders passed by such subordinate authority? Hence, whether Rule 7(4) of the subordinate legislation (Rules) is manifestly arbitrary?

2. The Petitioners in the present petition are a Primary Agricultural Co-operative Society ("PACS") and are aggrieved by the State's actions dated 25.03.2013, directing PACS to enrol a minimum of 1000 members from amongst the weaker section of particular caste denominations. This was to be done by way of a special camp in the presence of all the members of the Managing Committee, Block Co-operative