LexVIPULBHAI MANSINGBHAI CHAUDHARY versus STATE OF GUJARAT & ANOTHER
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
[2017] 6 S.C.R. 733
VWULBHAIMANSINGBHAICHAUDHARY
v.
STATE OF GUJARAT & ANOTHER
(Civil Appeal No.14678of2015)
APRIL 17, 2017
[J. CHELAMESWAR AND ABHAY MANOHAR SAPRE, JJ.)
Gujarat Co-operative Societies Act, 1961:
A
B
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
F
to determine the correctness of conclusion drawn on the basis of
evidence before Registrar. which cannot be accepted - This is an
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) is
733
H
734
SUPREME COURT REPORTS
[2017] 6 S.C.R.
A
unsustainable, 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
B
c
thereof u/s. 76B - Held: Committees are inanimate bodies and are
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
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.
s. 76B(2) - Two show cause notices issued tu appellant. one
D 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).
76B(l) & (2) - Two show cause notices issued to appellant.
G 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:
H
The basic requirement of sub-section (2) is that the power thereunder
could be exercised only against an officer of a socExcerpt shown. Read the full judgment & AI analysis in Lexace.