Shimla: The Himachal Pradesh High Court has restrained the board of Kangra Central Cooperative Bank to make any changes in the election of office bearers at its meeting scheduled for today.
Division Bench of acting Chief Justice RB Misra and Justice Surinder Singh passed these orders on the petition filed by Rasil Singh and Bhagwan Dass, who are chairman and vice chairman on the bank’s board.
The petitioners have challenged the government move to nominate three members on the board saying that power to nominate members has been obliterated by an constitutional amendment.
Apprehending that the board meeting was being convened to oust them and to replace them with nominated persons even as they have been elected till September this year, the nominated members were ineligible to become office bearers, the petition states.
The petitioners have stated that a bill was introduced in Lok Sabha on 11.11.2009 seeking amendment to the Constitution of India by incorporating various provisions for revamping the entire cooperative sector.
The parliament passed the amendment on 13.01.2012 whereby the respective State legislatures were directed to amend or repeal any State law inconsistent with this amendment within a year i.e. prior to 13.01.2013.
Adequate provisions were incorporated to ensure voluntary formation, autonomous functioning, democratic control and professional management of cooperative societies, the power of the state government to nominate persons as directors or members obliterated.
The state government was empowered to co-opt two members to the board, who would not have any right to vote in the election of managing committee nor were they to be eligible to become office bearers.