Jharkhand High Court
Vijay Kumar Singh vs State Of Jharkhand on 3 July, 2020
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cont. Case (Cvl.) No.1146 of 2019
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Vijay Kumar Singh ......... Petitioner
Versus
1. State of Jharkhand
2. Shri Rajesh Kumar Pathak, presently working as Registrar, Co- operative Societies, Jharkhand .......... Opposite Parties
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CORAM : HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
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For the Petitioner : Mrs. Shruti Shrestha, Adv.
For the Opp. Party : Mr. Shubham Mishra, JC to SC(Mines)
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02/03.07.2020 The matter has been heard with the consent of learned counsel for the parties through video conferencing. They have no complaint about any audio and visual connectivity.
The instant contempt application is for alleged non-compliance of order dated 27.06.2019 passed in W.P.(C) No.2133 of 2018, whereby and whereunder, this Court has directed the Registrar, Co-operative Societies, Jharkhand, respondent no.3 to the writ petition to take appropriate steps in order to assess the very constitution of the Co- operative Societies as to whether it has been constituted in terms of the provision of Article 243-ZJ read with amended provision of sub- section (2) to Section 14 of the Act, 1935 as would appear from para-10 of the order passed by the writ Court.
Mrs. Shruti Shrestha, learned counsel appearing for the petitioner has drawn the attention of this Court towards the order passed on 20.01.2020 as annexed to the show cause.
She submits that although, the specific direction by way of command has been passed upon the Registrar, Co-operative Societies but order has been passed by the District Co-operative Officer, Dhanbad and communicated to the Registrar, Co-operative Societies, Jharkhand, Ranchi and therefore, according to her, when this Court has directed the Registrar, Co-operative Societies to take appropriate steps in the capacity of competent authority under the Co-operative Society Act, it was incumbent upon him to take appropriate steps but instead of taking such decision, he has forwarded this matter before the District Co-operative Officer, Dhanbad and therefore, the contempt has been committed.
She further submits that the Registrar, Co-operative Societies was directed to take appropriate steps in terms of provision of Article 243-ZJ as would appear from the very first para of page-23 of the order passed by the writ Court but as would appear from the order dated 20.01.2020 where no reference about the representation of the female has been made leaving apart the representation of the members of the Schedule Castes and Scheduled Tribes and therefore, even the authority who has passed the order dated 20.01.2020, having not conferred with the power by this Court, has passed the order in utter violation of the constitutional mandate under Article 234-ZJ of the Constitution of India.
Mr. Shubham Mishra, learned JC. to SC(Mines) has sought for two weeks' time to file supplementary show cause.
This Court, having heard the learned counsel for the parties and considering the nature of order passed by taking into consideration the insertion of the provision as contained under Article 243-ZJ by way of 97th Amendment whereby and whereunder, the Co-operative Societies is to be constituted by keeping into consideration the representation of the female as also the members of the Scheduled Castes and Scheduled Tribes and therefore, this Court has directed the Registrar Co-operative Societies-respondent no.3 to the writ petition to take appropriate steps in this regard. But very surprisingly, the Registrar, Co-operative Societies has taken no decision rather the matter has been referred to the District Cooperative Officer, Dhanbad to take decision in terms of the order passed by this Court in W.P.(C) No.2133 of 2018 and that too even the District Cooperative Society, Dhanbad has not considered the mandate of Article 243-ZJ of the Constitution of India since in the order dated 20.01.2020 only reference of female candidate has been made leaving apart the members of the schedule castes and schedule tribes, therefore, according to the considered view of this Court, Registrar, Co-operative Societies- opposite party no.2 herein, has acted contrary to Article 243-ZJ of the Constitution of India as also the direction passed by this Court.
In view thereof, according to the considered view of this Court, the Registrar, Co-operative Society has sat over the order passed by the writ Court since when this Court has directed the Registrar, Co- operative Society, Jharkhand, Ranchi by way of command to take appropriate steps, it was not available to him to refer the matter before the District, Co-operative Societies and therefore, prima facie the contempt has been committed by the opposite party no.2 However, on insistence made by Mr. Shubham Mishra, learned JC to SC (Mines), the matter is adjourned for two weeks for passing further appropriate order.
Let this matter be listed on 24.07.2020.
(Sujit Narayan Prasad, J.) Rohit/-