Jharkhand High Court
Vijay Kumar Singh vs State Of Jharkhand on 16 October, 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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03/16.10.2020 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 has been filed for willful and deliberate non-compliance of common order passed by this Court dated 27.06.2019 in W.P.(C) No.2133 of 2018 and W.P.(C) No. 1569 of 2019, whereby and whereunder, the direction has been passed in W.P.(C) No.2133 of 2018 upon the Registrar Co-operative Society, in the capacity of competent authority under the Co-operative Society Act, 1935, to ensure the compliance of constitutional mandate of Article 243-ZJ vis-à-vis the statutory provision as contained under the Act, 1935, wherein it has been made clear that if the Society in question is not in terms of the provision of Article 243-ZJ read with amended provision of sub-section 2 to Section 14 of the Act, 1935, appropriate steps shall be taken by the Registrar, Co-operative Society within the period of four months from the date of receipt of copy of the order.
Further, in view of the aforesaid direction, writ petition being W.P.(C) No.1569 of 2019 has been disposed of without interfering with the impugned order dated 12.03.2019 leaving it open for the petitioner in W.P.(C) No.1569 of 2019 that in case of any financial irregularity, the same would be complained before the Registrar, Cooperative Society, Jharkhand Ranchi, in such exigency the Registrar would conduct an enquiry and take appropriate decision in accordance with law.
Mrs. Shruti Shrestha, learned counsel for the petitioner has submitted that aforesaid direction passed by the writ court has not been complied with by the Registrar, Co-operative Society, opposite party no.2 as because, according to her, out of 21 seats, 11 seats have been filled up along with female candidate who have been co-opted to the Managing Committee in terms of the decision taken in the meeting held on 16.11.2019. Such statement has been made by her by taking aid of the show cause filed by the opposite party no.2 as the said fact has been furnished at para-10 thereof.
She, therefore, submits that when this Court specifically directed for compliance of the mandate of Article 243-ZJ of the Constitution of India, in that circumstances, there cannot be any decision to be taken by the Registrar, Co-operative Society for filling up the seats of the reserved category by way of co-option, since in the by-laws of the Co-operative Society, there is no provision of nomination through co-option rather in view of the provision of Article 243-ZJ of the Constitution of India, it was incumbent upon the Registrar, Co-operative Society to constitute the society through election but having not done so, willful and deliberate non-compliance of the order passed in W.P.(C) No.2133 of 2018 has been committeed.
This Court after perusing the order passed by this Court vis-à- vis the stand inter-alia taken by the opposite party no.2 in the show cause prima-facie feels that there is deliberate non-compliance of the order passed by this Court and therefore, show cause filed by the opposite party no.2 is not found to be satisfactory, accordingly, rejected.
At this juncture, when this Court is about to issue show cause upon opposite party no.2, Mr. Shubham Mishra, learned J.C. to SC(Mines) has insisted upon this Court to allow an opportunity to opposite party no.2 to come out with a fresh decision in terms of the order passed by this Court keeping the consideration of mandate of Article 243-ZJ of the Constitution of India.
This Court considering the aforesaid submission is deferring the case for two weeks' so that in the meanwhile, the opposite party no.2 may come out with compliance report by filing an additional show cause.
Let this matter be listed on 27.11.2020.
(Sujit Narayan Prasad, J.) Rohit/-