Court Affirms Disqualification for Exceeding Two-Child Limit, Strengthens Legislative Goal of Population Control
In a significant ruling, the Orissa High Court has upheld the disqualification of a member of the Capital Cooperative Housing Limited under Section 28(3)(p) of the Orissa Cooperative Societies Act, 1962. The division bench, comprising Justices Krishna S. Dixit and Chittaranjan Dash, dismissed the appeal filed by Sri Biswaranjan Mohanty, who challenged the disqualification imposed due to having more than two children.
The court reaffirmed the statutory provision which disqualifies members of cooperative societies if they exceed the two-child norm. This provision, aimed at promoting population control, was enforced after Mohanty was found to have three children, contrary to the ceiling limit established as of January 1, 1995.
Mohanty's defense argued that he was not the father of the third child, a claim purportedly supported by an election petition concerning his spouse. However, the court clarified that the findings in the election petition were not binding in this case, as they constituted a judgment in personam and not in rem. The court emphasized that judgments in election petitions are only binding on the parties involved and do not extend to unrelated proceedings.
The appellant further contended that he was denied a fair hearing, violating principles of natural justice. The court, however, noted that Mohanty was given the opportunity to file written submissions, which he did without denying the core allegation of having more than two children. The court maintained that the principles of natural justice require a demonstration of actual prejudice, which was absent in this case.
Additionally, the court addressed the competence of the Deputy Registrar, who issued the disqualification notice, affirming their authority under the Act. The judgment highlighted the legislative intent behind population control measures, referencing the constitutional provision allowing both the central and state governments to devise policies in this regard.
The court's decision reinforces the validity of population control as a legislative and administrative goal, supporting the Registrar's authority to implement such measures under the Orissa Cooperative Societies Act. The judgment serves as a reminder of the legal framework supporting population control initiatives and the necessity for compliance by cooperative society members.
Bottom line:-
Section 28(3)(p) of the Orissa Cooperative Societies Act, 1962 disqualifies a member or office bearer of a society if they have more than two children as on a specified date. This disqualification is by operation of law, and the Registrar must conduct an inquiry with stakeholder participation to confirm the foundational facts.
Statutory provision(s): Section 28(3)(p) of the Orissa Cooperative Societies Act, 1962
Sri Biswaranjan Mohanty v. State of Odisha, (Orissa)(DB) : Law Finder Doc id # 2935787
