The Supreme Court urged Uttar Pradesh to eliminate rules granting ex-officio posts to bureaucrats’ wives in cooperative societies, reflecting a colonial mindset. It emphasized drafting model bye-laws to promote merit-based governance and warned of legal consequences for non-compliance. The court’s directive seeks to advance fairness, equality, and modern democratic values in cooperative structures.
New Delhi: Taking a dim view of a persistent practice reflecting a “colonial mindset”, the Supreme Court on Monday strongly urged Uttar Pradesh to amend rules granting ex-officio posts to the wives of top bureaucrats in cooperative societies. A bench of Justices Surya Kant and Ujjal Bhuyan directed the state to draft model regulations and eliminate this outdated provision.
The practice came to light during a case involving Bulandshahr’s Zila Mahila Samiti, a cooperative society established in 1957 to aid widows, orphans, and marginalized women. The samiti, functioning on “nazul” land leased by the government, initially required the wife of the district magistrate (DM) to serve as its president. In 2022, the society attempted to amend its bye-laws to make the DM’s wife a “patron” rather than the president. However, the amendments were annulled by the deputy registrar and later upheld by the Allahabad High Court.
Challenging this order, the samiti approached the apex court. The bench restrained the DM’s wife from serving as an office bearer or interfering in the cooperative society’s functioning. It emphasized that model bye-laws must replace provisions granting authority based solely on “marital association”, terming it “atrocious” and “humiliating for all women in the state.”
Justice Surya Kant remarked,
“They need to come out of this colonial mindset. The state has to come out with model rules for these kinds of societies.”
The bench further underscored that societies receiving direct or indirect government benefits under the Societies Registration Act are bound to follow state-issued model bye-laws.
The court added,
“The amended provision will ensure that there are no provisions in the bye-laws/regulations or policy which reflect colonial mindset of giving ex-officio positions to the family members of administrative authorities of the state.”
It also warned that non-compliance with these model bye-laws could result in the loss of the society’s legal entity.
The Supreme Court emphasized the need for legislative action to ensure democratic and merit-based governance in cooperative societies. It directed the Uttar Pradesh government to draft and present a comprehensive proposal addressing the mode of composition and election of governing bodies within six weeks.
This is not the first time the court has criticized such practices. On May 6, the apex court rebuked the state for endorsing regulations that required the DM’s wife to preside over societies like the Red Cross or child welfare organizations. Questioning the rationale, the court asked,
“Why does this have to be done? Why should a person be made the head of a society simply because of their marital association?”
While allowing the Zila Mahila Samiti to continue its work, the court issued clear instructions to prevent misuse of its entrusted resources. It barred the society from creating any third-party rights or encumbrances on the “nazul” land or other properties assigned by the government.
The court’s stand underscores its commitment to ending regressive practices and ensuring equality in governance structures. By calling for model rules, it seeks to promote meritocracy and fairness, steering the cooperative movement towards inclusivity and transparency.
This landmark directive challenges a legacy of entitlement based on hierarchical association and advocates for reforms in Uttar Pradesh’s cooperative sector. As the state prepares its response, the Supreme Court’s intervention sends a strong message: modern governance must reflect democratic values, not outdated colonial traditions.
The bench’s directive is a pivotal step towards transforming cooperative societies into institutions of progress, ensuring that positions of power are earned through competence and dedication, not marital ties.
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