VIKRAMAJIT SEN, J.

.1. In this Writ Petition it has, inter alia, been prayed that a writ of certiorari be issued quashing the Order dated 6.12.2006 of the Government of India (GOI) directing the repatriation to the GOI of equity held by it in the Petitioner Society, namely, Krishak Bharti Co-operative Limited (KRIBHCO). It is necessary to reproduce the said Order, inter alia, to demonstrate that it fails altogether to address or adumbrate the nature of the public interest which it endeavours to protect or project:- WHEREAS the Krishak Bharti Cooperative Ltd. (KRIBHCO), a Multi-state Cooperative Society registered under the Multi-State Cooperative Societies Act, 2002 (39 of 2002) and is a fertilizer production unit in the Cooperative Sector and as per item 5 of Schedule II to Rule 3 of the Government of India (Allocation of Business) Rules is under the administrative responsibility of the Department of Fertilizers; AND WHEREAS the Government of India is a member and a majority shareholder in the said KRIBHCO; AND WHEREAS the said KRIBHCO, pursuant to the amendment to its Bye- Law No.8, unilaterally and without either the approval or concurrence of the Government of India, has been repatriating the Government of India equity held in the said Society, an Act which has been expressly being objected to by the Department of Fertilizers; AND WHEREAS the matter regarding the amendment of Bye-Laws by the KRIBHCO and the unilateral repatriation of GOI equity is under examination by the competent authority in the Government of India; AND WHEREAS inspite of the refusal of the Department to accept the unilateral repatriation of GOI equity and consequent return of the cheques received in this regard to the KRIBHCO, the said Society has been persisting with the attempts for repatriation of GOI equity and the Central Government is satisfied that in public interest and in order to secure proper management of the business of the said KRIBHCO, it is necessary to issue a direction to the said Society; NOW, THEREFORE, in exercise of the powers vested under section 122 of the Multi-State Cooperative Societies Act, the Central Government, hereby directs that the KRIBHCO shall cease forthwith its attempts to repatriate GOI equity held in the said Society and desist from bringing any resolution/agenda item in the Board/General Body proposing to enable the Society or its Management for repatriation of GOI equity without the specific written and prior approval of the Department of Fertilizers; Any violation of the above directive shall render the KRIBHCO liable to the action as specified under section 123 of the MSCS Act.

.2. The Petitioner asserts that upon the enactment of the Multi- State Cooperative Societies Act, 2002 (for short “MSCS Act”), the Petitioner had proposed to amend its existing Bye-laws Numbers 8 and 29(ii) allegedly to make it fall in line with the provisions of the said statute. It appears that on 7.9.2002 the Board of KRIBHCO had approved these amendments. The earlier, as well as the current provisions, are reproduced in juxtaposition:- Previous Bye-law Bye-law after amendment 8. KRIBHCO may retire partially or fully the shares held by the Government of India, the National Cooperative Development Corporation, IFFCO and the Govt. Organisations, at such time and in such manner as may be agreed upon between it and the Government of India/National Cooperative Development Corporation/IFFCO and the Govt. Organisations as the case may be. 29 (ii) Amendment or repeal of any existing Bye-law or enactment of any new Bye- laws provided that all such amendment(s) will require the approval of the Government of India and IFFCO until such time as the Share Capital subscribed by the Government of India and IFFCO is fully retired; 8. (a) KRIBHCO shall quarterly retire the shares held by the members other than cooperatives like Government of India, the National Cooperative Development Corporation and public Financing Institutions to the exten