The bench said “We are shedding the colonial mindset where wives of bureaucrats are appointed as ex-officio positions in these societies and trusts. Model by-laws are in the pipeline.”
New Delhi, Feb 17: The Uttar Pradesh government has informed the Supreme Court that it is making changes to state laws to remove the practice of appointing the wives and family members of bureaucrats as ex-officio members in cooperative societies and trusts. The government is also working on model rules to regulate these entities, especially those receiving financial aid from the state.
A Supreme Court bench consisting of Justices Surya Kant and N Kotiswar Singh was updated on this development by Additional Solicitor General KM Nataraj, who appeared on behalf of the UP government.
He told the bench, “We are shedding the colonial mindset where wives of bureaucrats are appointed as ex-officio positions in these societies and trusts. Model by-laws are in the pipeline.”
The issue came up in a case related to a dispute over the control of Bulandshahr’s Zila Mahila Samiti, an organization functioning since 1957. The dispute involves a land parcel granted to the Samiti by the district administration.
The counsel for the wife of a former District Magistrate (DM) of Bulandshahr, who was involved in the dispute as a “patron” of the Samiti, sought to withdraw her name since her husband had been transferred to another post. The Supreme Court directed her to return all records, including account books of the Samiti, in her possession.
Additionally, the court ordered that the Samiti’s registration, which is set to expire on March 7, should not be canceled. The case will be heard again in four weeks.
On December 2, 2023, the Supreme Court directed the Uttar Pradesh government to
“formulate and propose suitable amendments in the State Cooperative Societies Act, State Societies Registration Act or any other statute whereunder the cooperative societies, societies, trusts or other such legal entities are registered.”
The court had suggested that the amended law should ensure that societies receiving government assistance follow model by-laws issued by the state.
It stated,
“The amended law can put such legal entities, if they are getting direct or indirect financial aid/assistance from the state, under an obligation to follow the model by-laws/rules/regulations to be circulated by the state government.”
Further, the court emphasized that non-compliance with these model by-laws should lead to penalties, including the loss of legal status and government assistance.
“In the event of non-compliance or defiance of such model by-laws/rules/regulations, the society can be made to lose its legal character as well as government assistance,” the bench noted.
The court also criticized the long-standing system where bureaucrats’ wives automatically held top positions in such organizations.
It remarked, “The amended provisions will have to ensure that the by-laws/rules or regulations of society will shed the colonial mindset of conferring ex officio positions to the spouse or family members of the State bureaucrats.”
Additionally, the Supreme Court stressed that the governance of these societies should align with democratic principles.
“It is, of course, for the legislature to bring the suitable amendment and introduce such a structure of the governing body of a society or trust, which leans towards democratic values where most of the members are duly elected,” it added.
The court has taken issue with the fact that, for decades, the wives of top bureaucrats—such as Chief Secretaries and District Magistrates—have held ex-officio roles in UP’s cooperative societies and trusts.
Background
The dispute in question involves the Zila Mahila Samiti, which was allocated “nazul” land (government-leased land) to assist widows, orphans, and other marginalized women. The original by-laws mandated that the serving DM’s wife would be the Samiti’s president. However, in 2022, the Samiti attempted to change this rule, making the DM’s wife a “patron” instead of president.
The Deputy Registrar annulled the amendment, leading to a legal challenge. The Allahabad High Court upheld the Deputy Registrar’s decision, after which the Samiti approached the Supreme Court.
The Supreme Court had earlier allowed the Samiti to function as usual but barred the DM’s wife from holding any official post or interfering in its affairs. It also directed the Samiti not to transfer or sell any part of the government-leased land or other properties entrusted to it by the state.
On May 6, 2023, the Supreme Court sharply criticized the state government for approving a regulation that required the DM’s wife to serve as the president of registered societies. The court called the practice “atrocious” and “humiliating for all women in the state.”
It further questioned the government’s rationale for making a bureaucrat’s spouse the head of a society based solely on marital ties rather than merit or leadership abilities.
The bench observed, “Be it the Red Cross Society or a child welfare society, everywhere the wife of the officiating DM is the president. Why does this have to be done?”
The court strongly disapproved of such appointments, emphasizing that leadership roles should be based on capability and not personal relationships.
“Why does this have to be done?” it reiterated.
