Patna High Court
Narendra Prasad Singh vs The State Of Bihar on 15 November, 2019
Author: Rajeev Ranjan Prasad
Bench: Rajeev Ranjan Prasad
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13637 of 2019
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1. Narendra Prasad Singh S/o Late Ram Vilash Singh Resident of Village
Mohanpur,P.S. Muffasil,Dist.Begusarai,elected Chairman of the Managing
Committee of Begusarai Central Co-Operative Bank Ltd. Begusarai.
2. Kaushal Kishor S/o Umesh Sharma Resident of 96, Pipra Dewas,Pipra,P.S.
Barauni,Dist.Beguarai elected Vice Chairman of the Managing Committee
of Begusarai Central Co-Operative Bank Ltd. Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary,Govt. of Bihar,Patna
2. The Principal Secretary, Department of Co-Operative,Govt. of Bihar,Patna
3. The Registrar Co-Operative Societies, Bihar,Patna
4. The Bihar State Election Authority,32, Harding Road,Patna 800001 through
Chief Election Officer.
5. The Secretary, the Bihar State Election Authority,32,Harding Road,Patna-
800001.
6. The Joint Secretary, the Bihar State Election Authority,32,Harding
Road,Patna-800001.
... ... Respondents
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with
Civil Writ Jurisdiction Case No. 17810 of 2019
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Suman Kumar Singh Son of Late Diwakar Prasad Singh Resident of Village-
Bora, Police Station- Amdanda, District- Bhagalpur.
... ... Petitioner
Versus
1. The State of Bihar
2. The Principal Secretary Cooperative Department, Government of Bihar,
Patna.
3. The Registrar Cooperative Society, Bihar, Patna.
4. The District Cooperative Officer Bhagalpur.
5. The Block Cooperative Extension Officer Sanhaula, District- Bhagalpur.
6. The Bihar State Election Authority Through Chief Election Officer, 32,
Harding Road, Patna.
7. The Joint Secretary The Bihar State Election Authority, 32, Harding Road,
Patna.
... ... Respondents
Patna High Court CWJC No.13637 of 2019 dt.15-11-2019
2/12
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Appearance :
(In Civil Writ Jurisdiction Case No. 13637 of 2019)
For the Petitioner/s : Mr. Aditya Narayan Singh, Advocate
Mr. Kundan Kumar Sinha,Advocate
For the Respondent/s : Mr. Lalit Kishore, Sr. Advocate
Mukesh Kumar, Advocate
(In Civil Writ Jurisdiction Case No. 17810 of 2019)
For the Petitioner/s : Mr.Diwakar Yadav, Advocate
For the Respondent/s : Mr.Amit Prakash (Ga13)
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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
C.A.V. JUDGMENT
Date : 15-11-2019
Both the writ applications are raising a common
question for consideration hence, with the consent of the
parties, the writ applications were heard together and are being
disposed of by this common judgment.
The petitioners are the Chairman and other Members of
the Managing Committee of different Primary Agricultural
Credit Co-operative Societies (hereinafter referred to as the
'PACS'). They are seeking to challenge Memo No. 696 dated
16.07.2018issued under the signature of the Chief Election Officer, Bihar State Election Authority (hereinafter referred to as the 'Election Authority') and are also looking for quashing of the consequential order dated 15.01.2019 as contained in Memo No. 131 and the order as contained in Memo No. 838 dated 11.06.2019 issued under the signature of the Joint Secretary of the Election Authority. By the impugned Memos as contained in Patna High Court CWJC No.13637 of 2019 dt.15-11-2019 3/12 Annexure '1' series the Chief Election Officer of the Election Authority directed the Co-operative Societies, Bihar, all the Divisional Joint Registrar, Co-operative Societies and the District Co-operative Officers to obtain the Election Fee and all other documents from the Co-operative Societies. Paragraph '2' of the Memo No. 696 dated 16.07.2018 clearly states that for purpose of election expenses the Election Authority be made available a sum of Rs. 5000/- through a Bank Draft along with the bylaws of the Co-operative Societies in the prescribed format.
By Memo No. 131 dated 15.01.2019, the Joint Secretary of the Election Authority has communicated to all the Co-operative Societies, Managing Director, COMFED, all the Divisional Joint Registrar, Co-operative Societies and all the District Co-operative Officers and Block Development officer- cum-Election Officer (Co-operative Societies) that on account of Election Fee a sum of Rs. 5,000/- should be made available, this is said to have been directed in the light of the directions and provisions of the Act. By yet another Memo No. 838 dated 11.06.2019, the Joint Secretary of the Election Authority has communicated to all the District Co-operative Officers, Bihar to ensure payment of Rs. 5,000/- per Polling Booth from the Patna High Court CWJC No.13637 of 2019 dt.15-11-2019 4/12 concerned Societies.
It is the case of the petitioners that in the year 2014 Election, no Election Fee was charged. One of the petitioners in his representation to the Chief Election Officer of the Election Authority as contained in Annexure '2' series to the writ application (C.W.J.C. No. 13637 of 2019), has contended that the election expenses should be borne by the Government. The petitioners have argued that imposition of the cost of Rs. 5,000/- for every Polling Booth on account of expenses is not in-conformity with the provisions of Rule 21-V (i) of the Bihar Co-operative Societies Rules, 1959 (hereinafter referred to as the 'Rules of 1959').
Initially, when C.W.J.C. No. 13637 of 2019 was heard on 26.07.2019, this Court passed an interim order directing that the petitioners shall comply with the impugned orders subject to the result of the writ application. On 20.08.2019, after hearing learned counsel for the petitioners and the Election Authority, this Court passed the following order:
"Heard learned counsel for the petitioner and learned counsel representing the Bihar State Election Authority.
What has finally culled out form the argument of the parties is that as to whether in terms of Rule 21V(i) of the Bihar Cooperative Societies Rules, 1959 (hereinafter referred to as the 'Rules of 1959') the Patna High Court CWJC No.13637 of 2019 dt.15-11-2019 5/12 State Election Authority may ask the Cooperative Societies to pay a certain amount as an expenditure to be incurred on the election.
Learned counsel for the petitioner has shown from the relevant rules that the Rule 21V(i) clearly states that it is the 'expenditure incurred' which is to be realized and therefore unless expenditure is incurred and the same is crystallized the election authority would not be justified in calling upon the cooperative societies to deposit a certain amount. Learned counsel for the Election Authority has though contested the issue however he is unable to demonstrate from any other provision of the Bihar Cooperative Societies Act or the Bihar State Election Authority Act that what has been stated in Rule 21V(i) of the Rules of 1959 would be required to be interpreted otherwise.
As a matter of indulgence, as prayed by learned counsel for the Election Authority, let this matter be heard further day after tomorrow (22.08.2019) under the same heading."
Thereafter, when the matter was taken up for consideration on 26.08.2019, Mr. Lalit Kishore, learned Senior Counsel representing the Election Authority relied upon the Hindi version of the relevant provisions of Rule 21-V (ii) of the Rules of 1959 and submitted before this Court that Hindi being the official language of the State Legislature, in case of any difference between the Hindi version and English version, it is the Hindi version which should be relied upon. It was contended Patna High Court CWJC No.13637 of 2019 dt.15-11-2019 6/12 that the Hindi version of the relevant provision talks of 'gksus okys O;;' which should be read as "Expenditure to be incurred", therefore, the Election Authority is within its power to call upon the Co-operative Societies/ PACS to pay the expenses to be incurred on the Election of the Society.
After hearing learned counsel for the parties on 02.09.2019, this Court called upon learned counsel for the Election Authority to submit the materials on the basis of which a sum of Rs. 5000/- has been assessed as Election Fee. In course of argument, this Court has been given to understand that the Election fee is nothing else but the election expenses and these are not two different charges.
A supplementary counter affidavit has been filed on behalf of the Election Authority in which it has been contended that Rule 21-V(i) and (ii) of the Rules of 1959 empowers the Election Authority to charge the Election expenses for holding the Election of the Co-operative Societies or a class of Co- operative Society. It has been contended that the Election Authority has determined the amount payable by the Society for meeting out the Election related expenses, however, no TA/DA of the Election Staffs is paid from this fund. It is contended that the amount payable by the Society has been determined by the Patna High Court CWJC No.13637 of 2019 dt.15-11-2019 7/12 Election Authority by taking into account the various expenses required to meet the election related expenses at the headquarter level and field level for printing of ballot papers, printing of other election stationary, setting up booths and counting centers, payment to vehicles owners, barricading, payment for fuels of election vehicles, printing of hand books, voting sticks, metal seals and training etc. The copy of list of heads against which the expenditure is incurred by the Election Authority has been enclosed as Annexure 'E' to the supplementary counter affidavit.
It has been further contended that based on expected expenses under above-mentioned heads, after detailed discussion and deliberations, the Election Fee/expenses of Rs. 5000/- per Polling Booth has been fixed for a particular class of Society in November, 2012 and an order to this effect was latter on issued on 04.10.2013 vide letter No. 1083 for other Societies. Annexure 'F' to the supplementary counter affidavit is the copy of Letter no. 1083 dated 4th October, 2013. Paragraph '4' of Letter No. 1083 dated 4th October, 2013 reads as under:
"fuokZpu ns; lfefr;ksa dh lwph ds lkFk&gh&lkFk lacf/kr lfefr;ksa ls fuokZpu&O;; ds fy, ₹ 5]000@& ¼₹ ik¡p gtkj½ dh jkf"k dk cSad Mªk¶V rFkk mifof/k;k¡ dh izfr izkf/kdkj dks miyC/k djk;k tkuk vko";d gksxk A lkFk&gh&lkFk] ftyk lgdkfjrk inkf/kdkfj;ksa Patna High Court CWJC No.13637 of 2019 dt.15-11-2019 8/12 dks bl vk"k; dk izek.k i= Hkh izLrqqr djuk gksxk fd lacf/kr lfefr;ksa ds fuokZpu gsrq lnL;rk lwph Hkh muds }kjk izkIr dj yh xbZ gS A"
The Election Authority has also brought on record the facts which have not been controverted by the petitioners particularly the expenses shown by the Election Authority in the Election of the 'PACS' conducted in the year 2014 as contained in Annexure 'G' and 'G-1' to the supplementary counter affidavit. It is the specific statement of the Election Authority in its supplementary counter affidavit that in the 'PACS' Election 2014 the Election Authority allotted Rs. 13,62,05,535/- for expenses at field level and Rs. 39,44,983/- at headquarter level which comes to a total Rs. 14,01,50,518/- for Election to be held at 19,236 Booths. The average Booth cost has been worked out at Rs. 7,286/-. It has been categorically mentioned that this costing has been worked out exclusive of TA/DA expenditure for which the Election Authority allotted the funds separately.
It has further been brought to the notice of this Court that earlier in C.W.J.C. No. 10045 of 2017 almost a similar issue was raised before this Court by some of the Co-operative Societies/PACS. A learned co-ordinate Bench of this Court vide it's judgment dated 25.07.2017 as contained in Annexure 'C' to the counter affidavit of the Election Authority, held that the Patna High Court CWJC No.13637 of 2019 dt.15-11-2019 9/12 Election Authority has power under Rule 21-V(i) of the Rules of 1959 to determine the amount of expenses which shall be payable by the Society from its funds. The learned co-ordinate Bench also held that the Election Authority has been conferred with the power to fix separate amount for separate classes of Co-operative Societies and the law does not mandate a uniform amount from all the Societies.
Having understood his limitations in challenging the power of the Election Authority to realize the Election expenses from the 'PACS', Mr. Aditya Narayan Singh, learned counsel for the petitioner in C.W.J.C. No. 13637 of 2019 while leading the argument has confined his submissions to contend that in terms of Rule 21-V (i) of the Rules of 1959, the amount of expenses for holding Election in a Co-operative Society may be realized from the Co-operative Society only after the expenses have been determined by the conducting officer. It is submitted that while the Election is yet to be conducted and the expenses are to be determined as yet, the Election Authority is not justified in calling upon the Societies to pay a sum of Rs. 5000/- per Polling Booth on account of expenses to be incurred. According to him, the Election Authority is not justified in assuming the amount of expenses which are likely to be Patna High Court CWJC No.13637 of 2019 dt.15-11-2019 10/12 incurred in conduct of Election.
Having heard learned counsel for the petitioners and learned Senior Counsel assisted by the learned Advocate on record on behalf of the Election Authority as also upon a careful perusal of the materials available on the record, this Court is of the considered opinion that the Election Authority has been able to explain the reasons and rational behind calling upon the Co- operative Societies to pay a sum of Rs. 5000/- per Polling Booth on account of expenses to be incurred in conduct of Election. The Hindi version of Rule 21-V(i) and (ii) reads as under:-
"21-Q. (1) ,d lgdkjh lkslkbVh ;k lgdkjh lkslkbVh ds oxZ ;k oxksZa esa fuokZpu djkus gsrq O;; dh jkf"k lapkyu inkf/kdkjh ds }kjk lkekU; ;k fo"ks'k vkns"k ds tfj;s fuf"pr dh tk;sxh vkSj mls lkslkbVh ds }kjk viuh fuf/k ls Hkqxrku fd;k tk;sxk :
ijUrq ;g fd lkslkbVh dh fuf/k esa ls fuokZpu inkf/kdkjh@ernku inkf/kdkjh rFkk vU; O;fDr tks fuokZpu ls lacf/kr gS] dks ;k=k&HkÙkk ns; ugha gksxk A ¼2½ lacf/kr lkslkbVh dk eq[; dk;Zikyd ;k lapkyu inkf/kdkjh ds funs"k ij lkslkbVh ds fuokZpu ls lacaf/kr gksusokys O;; ds laca/k es Hkqxrku djsxk A"
It is not in dispute that Rule 21-V(i) confers power upon the conducting officer to determine the amount of expenses for holding Election. Such determination may be Patna High Court CWJC No.13637 of 2019 dt.15-11-2019 11/12 validly based on the experience of the Election Authority as regards the expenses incurred on conduct of the previous election. In this case the Election Authority was in possession of sufficient materials which have been fully disclosed in the supplementary counter affidavit to take a view that the expenses at the rate of Rs. 5000/- per Polling Booth would be required to be realized from the Co-operative Societies. The averments made in the supplementary counter affidavit of the Election Authority saying that in the 2014 Election of the Co-operative Societies, the Election Authority had incurred expenses which would come to Rs. 7,286/- per Polling Booth exclusive of TA/DA to the officers engaged in the conduct of Elections, have not been controverted by the petitioners.
This Court is, therefore, of the considered opinion that the determination of the amount of expenses at the rate of Rs. 5000/- per Polling Booth in the Election to be conducted this year needs no interference. The contention of learned counsel for the petitioners that the expenses may be realized from the Co-operative Societies only after the expenses have been incurred and determined would not be acceptable to this Court after going through the Hindi Version of the Rule 21-Q which clearly provides that for purpose of conducting Election the Patna High Court CWJC No.13637 of 2019 dt.15-11-2019 12/12 amount of expenses shall be determined and the same will be paid from the funds of the Society. Sub-Rule (2) of Rule 21-Q talks of 'gksusokys O;; ds laca?k esa Hkqxrku djsxk'. There is nothing in Rule 21-Q that prior to conduct of Election, the amount of expenses cannot be realized from the Co-operative Societies. In this case, where the Court has found that the amount has been determined based on the previous expenses incurred by the Election Authority, no fault may be found with the demand raised by the Election Authority.
In result, these writ applications are found to be devoid of merit and those are dismissed accordingly.
(Rajeev Ranjan Prasad, J) avin/-
AFR/NAFR AFR CAV DATE 04.11.2019 Uploading Date 15.11.2019 Transmission Date