2016 Supreme(UK) 500
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Sudhanshu Dhulia, J.
Ranveer Singh - Petitioner
Versus
State of Uttarakhand and others - Respondents
Writ Petition (M/S) No. 1519 of 2016
Decided On : 16-09-2016
For the Petitioner: Mr. Shobhit Saharia
For the Respondents: Mr. Tarun Lakhera, Mr. Yogesh Pandey, Mr. Ajay Veer Pundir
Headnote:Civil Suit - In the present case, there was a clear violation of statute and a gross violation of principles of natural justice and fair play - Thus, orders dated 19.05.2016 and 20.05.2016, not sustainable. (Paras 15, 16)
nhokuh okn & izLrqr okn esa fo/kku dk Li"V mYya?ku fd;k x;k Fkk o okLrfod U;k; vkSj fu"i{krk dk Hkh ?kksj mYya?ku fd;k x;k Fkk & bl izdkj fnukad 19-05-2016 o 20-05-2016 ds vkns'k] iq"V ughaA ¼izLrj 15] 16½
Sudhanshu Dhulia, J.
The petitioner is the Chairman of the Management Committee of a Cooperative Society, namely, Dugdh Utpadak Sahkari Sangh Limited Shikarpur, Haridwar. It is the Management Committee, which is vested with the powers of controlling and performing day-to-day administration of the Cooperative Society. A Cooperative Society is an elected body, which is elected as per the provisions contained in Uttaranchal Cooperative Societies Act, 2003. In the three-tier cooperative societies in the State, which are Primary level, District level and the Apex level, the District Cooperative Society is a District level society where members are of a particular Society as well as elected representative of the Primary Society, who ultimately elects the Management Committee.
2. The election to the Management Committee was held on 07.11.2013. There were six members in the Management Committee, out of which four members, namely, Ravindra, Ranveer Singh (present petitioner), Smt. Munesh and Smt. Rekha Devi were elected and two members, namely, Subhash Kumar and Smt. Bala Devi respectively, were co-opted as members in the Management Committee. On 18.05.2016, two members of the Society, one elected (Smt. Rekha Devi) and another co-opted (Smt. Bala Devi) tendered their resignations directly to the Registrar, Dairy Development Department, Uttarakhand. Thereafter, the Registrar sought certain information from the Manager of the Society, which was provided to him on the same day itself and consequently he passed an order next day i.e., on 19.05.2016, holding that there were six members of the Society and since two members have already resigned, therefore only four members are left in the Management Committee, out of these four members he has disqualified one member namely Subhash Kumar as he had supplied milk to the District Society, less than the minimum quantity required. After declaring Sri Subhash Kumar as disqualified and hence ineligible, there remain only three members in the Society. According to respondent no. 2, three member society is no society and therefore he appointed Assistant Director of Dairy Development Department as an administrator on 19.05.2016 and directed to take action in view of Article 243 ZL (2) of the Constitution of India. The very next day i.e., 20.05.2016 the administrator was replaced by an Administrative Committee of five members, namely, Kehar Singh, Krishna Pal Singh, Rekha Rana, Rahul and Assistant Director. Out of these five members two are the ones who had tendered their resignations on 18.05.2016.
3. It appears that the Cabinet Minister, who was in-charge of the Cooperative Society, had sent a letter dated 20.05.2016 to the Director Dairy Development with a request to appoint Sri Kehar Singh as a Chairman of the Committee and other four persons as members of the Cooperative Society. In compliance of the said order, an order was passed by the Registrar, who is also the Director, on the same day itself i.e., 20.05.2016 appointing Sri Kehar Singh as Chairman of the Committee and other four persons as members of the Society (referred above).
4. The petitioner has challenged the orders dated 19.05.2016 and 20.05.2016 passed by respondent no. 2. A learned Single Judge of this Court vide order dated 02.06.2016 had stayed the operation and effect of the impugned orders (referred above) and thereafter notices were issued to the respondents.
5. The main contention of the petitioner before this Court is that the entire exercise undertaken by the Registrar is on the directions of the concerned Cabinet Minister. There has been a total violation of principle of natural justice and fair play as well as the relevant provisions of Uttaranchal Cooperative Societies Act. More so, even the general principles of administrative law such as principle of natural justice and fair play have not been followed.
6. The case of the petitioner is that the Registrar can supersede or suspend a Committee of Management only under t