Our cooperative leaders are never tired of boasting about their achievement such as the 97th Constitutional amendment. But few care to see if it is being adopted by the states as without it the whole exercise is futile.
A true cooperator like I C Naik, would, however, not take things lying down and would ensure that the gains of the 97th CAA percolate down to the last man on the street.
Government’s delaying tactics and lackadaisical approach have forced him to seek legal recourse. Mr Naik, the true cooperator and an honourary Advisor to www.indiancooperative.com has filed a PIL in the form of a letter.
The details of PIL are as follows:
Before His Lordship the Chief Justice of the High Court of JUDICATURE AT Bombay
THE HUMBLE SUMISSION of Ishwer Chhotubhi Naik Aged 72 (Retired C A / C S) and Honorary Counselor www.indiancooperative.com
Residing at A / 403, GOKUL GAGAN COOPERATIVE HOUSING SOCIETY LIMITED, THAKUR VILLAGE, KANDIVALI (E) MUMBAI 400101
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Re: A common man’s petition in the matter of the contravention of certain Constitutional Mandates by the State especially those inserted under the Constitution (97th Amendment) Act 2011 (97CAA).
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This is a petition by a humble Senior Citizen presented before his lordship the Honourable Chief Justice of the High Court of judicature at Bombay urging to order an appropriate judicial review of certain provisions of the MCS Act 1960 as amended by the Maharashtra Cooperative Societies (Amendment) Act 2013, the Maharashtra Co-operative Societies Election to Committee Rules, 2013 and the circumstances leading to apathy of the State Administration towards taking timely decisions /actions in matters critical to the management of cooperative societies in the State.
Suspected Contravention of the Constitutional Mandates
1. Abrogation of fundamental right under Art.19(1)(C) by authorising the Registrar to specify Bye Laws for cooperative societies
2. Circumventing the Constitutional embargo on deputing a bureaucrat to manage financially self sufficient co-operative societies by abuse of the Constitutional term “authorized person”
3. Contravention of the mandates to set up a State Cooperative Election Authority, to hold timely elections of the Committee / Boards, Office Bearers, provisional committees, fill casual vacancies, provide for reservation of seats, lifting embargo on Ministers to become office bearers etc
4. Banning a right of Associate member to contest elections and inadequate provisions for increasing member participation.
In a nut shell, this appears to be a case of wilful breach of the Constitution by the constituent unit of Indian Federation calling for an appropriate judicial intervention to protect the federal structure.
Ishwer C. Naik
Respected Naik Sir,
i fail to digest that there are a number of cooperative boards, committees, federations and many organisation, which otherwise tend to be the flagbearers of the cooperative, but no body has even uttered a single word (or atleast we may not have heard) in respect of 97CAA. this indeed is an historic move in coop. but states have completely failed to impliment its provisions. this is a praiseworthy step on your part, and i completely support but raising every thing in the court of justice is not what cooperative is. this simply means that we are not at all cooperatives, we just go by the statutory wand, like the pets do. i know my posting here wont make any difference but still, i believe in me and cooperative and of course the guys like u are an inspiration. thanks a lot.