Dinesh Oswal
I am Dinesh Oswal from Rajgurunagar,Pune. I am currently working as a Director of Rajgurunagar Co.Op.Bank. Here are some doubts related to 97th act of mine as per below.
1) Maharashtra government has removed one reservation I.e.Economically Weaker section from all cooperative societies in maharashtra. Is it fair? I have filed a PIL in Mumbai High Court against this. Next hearing date is on 4th Oct.
2) What about pending cooperative elections? Maharashtra Govt has declared to establish a separate Sahakar (Cooperative) Pradhikaran. By when would it come into existence?
3) As there are many writ petitions filed against this law in various high court in Maharashtra I.e. Mumbai and Aurangabad Bench so does it affect ensuing elections.
I C Naik
Dinesh R Oswal, Director – Rajgurunagar Co.Op.Bank in Pune has a few questions on 97th CAA.
1. Article 243ZJ (1) inserted by 97th Constitution Amendment Act reservations for members of co-operative society in its management are mandatory in every society for one seat for the Scheduled Castes or the Scheduled Tribes and two seats for women. The M. C. S. Act 1960 cannot have different provision, as it would be superseded by Constitution provision.
2.For Constitutionality of 97th CAA High Courts have writ jurisdiction but issues of this nature o not stop in High Courts. Reportedly Special Leave Petition is already pending in the Apex court against Gujarat High Court Judgment of April 22 2013.
3.State Government is guilty of contempt of Constitutional mandate as Article 243ZK mandates the States to conduct Elections of Committees and Office bearers well before expiry of the 5 year tenure of the current Committees and State of Maharashtra has admittedly failed. Reportedly such Committees are converted in to care taker Committees till December 31 2013. Government hopes to constitute a State Cooperative Election Authority and complete the elections by December 31 2013.
4.Pending cases in the High Court do not justify the State Government not conducting itself in accordance with Constitutional Mandates unless operation of any mandate has been stayed.
5.If a State does not show respect for upholding the Constitution despite the oath as per 6 below, there is no law yet made to deal with breach of oath.
6.Form of oath of office for a Minister for a State:—
“I, A.B., do(swear in the name of God that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will faithfully and conscientiously discharge my duties as a Minister for the State of ……….and that I will do right to all manner of people in accordance with the Constitution and the law without fear or favour, affection or ill-will.”
