Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Gujarat Co-operative Societies Act 1961: s. 76B - Appellant elected as Chairman of District Co- operative Milk Producers Union Ltd. for three years |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Gujarat Co-operative Societies Act, 1961: s. 76B - Appellant elected as Chairman of District Co- operative Milk Producers Union Ltd. for three years - However. he C continued to hold office beyond period of three years - Show cause notice by Registrar of Co-operative Societies u/s. 76B(l) & (2) - Order dated 10.3.2015 by Registrar removing appellant from office and further disqualifying him for a period of three years - Writ petition by appellant - Single Judge upheld the action of Registrar D insofar as it pertained to the removal of appellant but set aside the order insofar as it pertained to his disqualification for three years - LPA by appellant, dismissed - Plea of appellant in Supreme Court that his removal be set aside after examining the correctness of the conclusion recorded by Registrar w.r.t. the Charge Nos. 2, 3, 6, 9, JO and 11 framed against him - On appeal, held: The conclusions E recorded by Registrar in his order removing appellant from office, remained undisturbed-by High Court - In substance, the plea of appellant was that Supreme Court should act as an appellate Court to determine the correctness of conclusion drawn on the basis of evidence before Registrar. which cannot be accepted - This is an F exercise which ought not to be normally undertaken even by High Courts in the jurisdiction u/Art. 226 nor by Supreme Court on further appeal by leave under Art.136 of the Constitution - High Court rightly declined to interfere witli the findings - Appellant's disqualification for a period of three years held to be reasonable - - No error found in the decision of High Court in this regard - G Constitution of India - Arts. 136, 226. ss. 76B and 81 - Exercise of power under both the sections, by Registrar. if mandatory - Appellant disqualified u/s. 76B(2) - Plea of appellant that his disqualification u/s. 76B(2) isunsustainable, because each one of the acts or omissions which formed the basis for action against appellant was either taken by or ratified by the entire governing body ("Committee'') of the society, therefore, action if at all required, ought to be taken against the Committee of the society uls.81 and not against individual members thereof u/s. 76B - Held: Committees are inanimate bodies and are B nothing but a collective name for the conglomeration of individual officers of the society - Further, it is essentially for the Registrar tu make an assessment whether on the facts and circumstances of each case either action is tu be taken against the Committee or an individual officer or both - The decision of Registrar taken in c exercise of such discretionary power would not be amenable to challenge on the ground that he failed tu take action under both the sections, i.e., 76B and 81 - The Act envisages joint and several action against officers in their capacity as members of the Committee. A s. 76B(2) - Two show cause notices issued tu appellant. one uls.76B(J) for his removal and the other u/s.76B(2) for his disqualification - Appellant disqualified fur six years u/s. 76B(2) - Permissibility of - Held: Section 76B(2) as of today provides fur disqualification of an officer for a period not exceeding six years - Originally the Section provided for disqualification only for four years - But the "four years" period was substituted by "six years" E period by 2015 amendment - However, in the instant case. all the acts and omissions which formed basis for action against appellant pertained to the period anterior to 2015 amendment - Further. there is nothing in the said amendment act which warrants an interpretation that the legislature intended tu create a disqualification F which would run/or a maximum period of six years with retrospective effect - Thus, appellants disqualification for six years held not tenable - Gujarat Co-operative Societies (Amendment) Act, 2015 (Act No.12 of 2015). D G H 76B(l) & (2) - Two show cause notices issued to appellant. one uls. 76B(l) for his removal and the other u/s. 76B(2) for his disqualification, both on same set of facts - Permissibility of- Held: The basic requirement of sub-section (2) is that the power thereunder could be exercised only against an officer of a society who has already been removed from office u/sub-section (1) - Therefore, the factual basis on which action u/sub-section (1) and sub-section (2) |
Judge | Hon'ble Mr. Justice Jasti Chelameswar |
Neutral Citation | 2017 INSC 354 |
Petitioner | Vipulbhai Mansingbhai Chaudhary |
Respondent | State Of Gujarat & Another |
SCR | [2017] 6 S.C.R. 733 |
Judgement Date | 2017-04-17 |
Case Number | 14678 |
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