Location: ORISSA HIGH COURT, CUTTACK Date: 13-Mar-2025 17:54:08 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 1994 of 2020 (In the matter of an application under Articles 226 and 227of the Constitution of India, 1950).

Kartikeswar Sahu …. Petitioner(s)

-versus-

All Odisha State Bank Officers’ …. Opposite Party (s)

Cooperative Society Ltd., Bhubaneswar Advocates appeared in the case through Hybrid Mode:

For Petitioner(s) : Mr. Mahitosh Sinha, Sr. Adv.

Along with associates For Opposite Party (s) : Mr. J.K. Naik, Adv.

CORAM:

DR. JUSTICE S.K. PANIGRAHI DATE OF HEARING:-11.02.2025 DATE OF JUDGMENT:-13.03.2025 Dr. S.K. Panigrahi, J.

1. In this Writ Petition, the Petitioner challenges the order dated

06.10.2018, passed by the Registrar, Co-operative Societies, Odisha, Bhubaneswar, dismissing the Dispute Case No.298/2017 for lack of cause of action.

Location: ORISSA HIGH COURT, CUTTACK

Date: 13-Mar-2025 17:54:08

2. Additionally, the Petitioner assails the order of the Co-operative Tribunal passed in TA No. 391/2018, which affirmed the aforesaid order dated 06.10.2018.

I. FACTUAL MATRIX OF THE CASE

3. The brief facts of the case are as follows:

(i) The petitioner, an active shareholder of the Opposite Party No.1 Cooperative Society, invoked the provisions of Section 68(1)(b) of the Odisha Co-operative Societies Act, 1962, to initiate a dispute case before the Registrar of Co-operative Societies. The dispute case, registered as Dispute Case No. 298/2017, which centered around alleged misconduct by the President and Directors of the Society, who are the present Opposite Parties 2 to 16.

(ii) The Opposite Party No. 1 is a co-operative society registered under the Odisha Co-operative Societies Act, 1962, and the corresponding rules, vide the Registration Certificate No. 8 dated 25.09.1980. The society was formed with the objective of conducting business as a credit co-

operative society.

(iii) Clause 6 of the society’s bye-laws prescribes the eligibility criteria for membership, restricting it to employees of the State Bank of India (SBI) working within the State of Odisha, provided they are not members of any other similar credit co-operative society.

(iv) The Registrar of Co-operative Societies dismissed the Dispute Case No.

298/2017, holding it to be non-maintainable. It was observed that the petitioner had failed to establish a valid cause of action under the provisions of the Odisha Co-operative Societies Act, 1962. It was further

Location: ORISSA HIGH COURT, CUTTACK

Date: 13-Mar-2025 17:54:08 observed that the issues raised by the petitioner could have been addressed in a General Body Meeting, and the petitioner had made no attempt to raise these concerns there before invoking Section 68 of the Odisha Co-operative Societies Act, 1962.

(v) The petitioner challenged the decision of the Registrar of Co-operative Societies by filing T.A. No. 39/2018 before the Co-operative Tribunal, Odisha, Bhubaneswar. The Tribunal, upon examination, held that in the absence of any deficiencies in the society’s audit report, the petitioner’s plea for the supersession of the Managing Committee was untenable. It further observed that the challenge to the continuity of membership of retired officers lacked merit as the society’s bye-laws permitted retired officers to contribute to the Thrift Fund and thereby retain their membership. Regarding the petitioner’s request for supersession of the Managing Committee, the Co-operative Tribunal noted that under Section 32 of the Odisha Co-operative Societies Act, 1962, such action could only be taken under exceptional circumstances, such as government shareholding or financial assistance.

(vi) Aggrieved by the Co-operative Tribunal’s decision and finding no other efficacious remedy, the petitioner has approached this Court by way of the present writ petition.

II. SUBMISSIONS ON BEHALF OF THE PETITIONER

4. Learned counsel for the Petitioner earnestly made the following submissions in support of his contentions:

(i) The petitioner contend