Ajit Kumar Vs. State of Jharkhand and ors.

Ajit Kumar vs State of Jharkhand and ors.

Type Court Judgment Court Jharkhand Decided Jan 31, 2003

~3 min read

https://sooperkanoon.com/case/520685

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/520685
Court: Jharkhand High Court
Judge: V.K. Gupta, C.J. and; Vishnudeo Narayan, J.
Decided On: Jan 31, 2003
Case Number: C.W.J.C. 1799 of 2001
Subject: Civil

Case Summary

AI-generated summary - not the official court judgment text.

- CONSTITUTION OF INDIA. Articles 12 & 226: [M. Karpaga Vinayagam, C.J., Narendra Nath Tiwari & D.P.Singh, JJ] Writ petition - Maintainability - Whether State Co-operative Milk Producers Federation Ltd., is a State within meaning of Article 12 ? - Held, From perusal of relevant Rules of byelaws, it is clear that St...

Key legal issue: Civil

Parties & Advocates

Appellant / Petitioner

Ajit Kumar

Advocate Vijay Shankar Jha, Adv.;Party in Person

Respondent

State of Jharkhand and ors.

Advocate B.S. Lal, AAG

Legal References

Reported In: [2003(4)JCR143(Jhr)]

Excerpt

- constitution of india. articles 12 & 226: [m. karpaga vinayagam, c.j., narendra nath tiwari & d.p.singh, jj] writ petition - maintainability - whether state co-operative milk producers federation ltd., is a state within meaning of article 12 ? - held, from perusal of relevant rules of byelaws, it is clear that state government has no role to play either in policy decision for raising funds for federation or its expenditure and thus have no financial control. further there is nothing to indicate that government has any functional and administrative control over federation. state government has no role to play in matter of appointment of any of officials of federation including managing director. federation is totally independent in all respects and in no way subservient to state government in conduct of its business. federation in no way can be termed as agency of state government and does not come within meaning of article 12 of constitution. writ petitions against federation is not maintainable. - we direct that the management board as well as the deputy commissioner, deoghar (in his official capacity as the deputy commissioner) shall ensure that the aforesaid direction is implemented and complied with in letter and spirit without any further delay whatsoever......be made to have the voting by, secret ballot wherever possible'.6. at page 7 of the draft scheme, in (xii) clause (3) shall be substituted by the following:--'all offerings from all temples and other places associated with baba baidyanath mandir within the temple premises or outside shall be collected and deposited in the corpus of the funds'.7. before concluding/parting, we wish to observe and direct that the board of management may consider the desirability of including a leading/renowned architect as a member of the board because the inclusion of such a person in the board would go a long way in helping the management in all matters relating to the renovation/improvement of the temple complex and the areas adjoining thereto and all activities ancillary or incidental thereto.8. we have been told that clause (1) of paragraph 6 of our order passed on 12.2.2002 in c.w.j.c. no. 1799 of 2001 has not been complied with or implemented so far. we direct that the management board as well as the deputy commissioner, deoghar (in his official capacity as the deputy commissioner) shall ensure that the aforesaid direction is implemented and complied with in letter and spirit without any further delay whatsoever.9. the joint registrar (judicial) by a communication to the deputy commissioner, deoghar shall send a copy of this order alongwith the copy of the draft scheme as submitted and the scheme as amended herein.let copies of this order be given to the learned counsel for the parties.

Full Judgment

ORDER

1. After hearing learned counsel for the parties and Mr. Ajit Kumar (In person) and on giving out thoughtful consideration, the scheme for Baba Baidyanath Temple Management Board as framed in pursuance of the order passed by this Court (copy enclosed as annexure A to the affidavit filed on behalf of the Deputy Commissioner, Deoghar on 27th September, 2002) is approved with the following modifications.

2. At page 2 of the draft Scheme, Members mentioned at serial No. 10 & 11 of (III) (A) shall stand deleted. This is being done because as per the order passed by this Court on 16.12.2002, Panda Dharmrakshini Sabha had declined to nominate any member to the Board or to be represented in this Board. In place of these two struck off members, the following new members are hereby added:--

(i) Advocate General, Jharkhand, ex afficio,

(ii) Mr. Delip Jerath, Advocate, Jharkhand High Court, Ranchi.

3. In Clause (IX) (b) of the draft Scheme for the words 'a clear majority of the existing strength including the presence of at least two members out of the President ........'the words 'including at least three members from the category of President, District Judge, Deputy Commissioner, Superintendent of Police and Advocate General, Jharkhand' shall be substituted.

4. At Page 6 of the draft Scheme in Clause (X) relating to Quorum for the words 'including at least two members from the category of President, District Judge, Deputy Commissioner and Superintendent of Police', the words including at least three members from the category of President, District Judge, Deputy Commissioner, Superintendent of Police and Advocate General, Jharkhand' shall be substituted.

5. 5. In Clause (XI) of the draft Scheme, at the end of Clause (1) the following lines shall be added:--

'Endeavor shall be made to have the voting by, secret ballot wherever possible'.

6. At page 7 of the draft Scheme, in (XII) Clause (3) shall be substituted by the following:--

'All offerings from all temples and other places associated with Baba Baidyanath Mandir within the temple premises or outside shall be collected and deposited in the corpus of the funds'.

7. Before concluding/parting, we wish to observe and direct that the Board of Management may consider the desirability of including a leading/renowned Architect as a member of the Board because the inclusion of such a person in the Board would go a long way in helping the Management in all matters relating to the renovation/improvement of the temple complex and the areas adjoining thereto and all activities ancillary or incidental thereto.

8. We have been told that Clause (1) of paragraph 6 of our order passed on 12.2.2002 in C.W.J.C. No. 1799 of 2001 has not been complied with or implemented so far. We direct that the Management Board as well as the Deputy Commissioner, Deoghar (in his official capacity as the Deputy Commissioner) shall ensure that the aforesaid direction is implemented and complied with in letter and spirit without any further delay whatsoever.

9. The Joint Registrar (Judicial) by a communication to the Deputy Commissioner, Deoghar shall send a copy of this order alongwith the copy of the draft Scheme as submitted and the Scheme as amended herein.

Let copies of this order be given to the learned counsel for the parties.

Same Court & Year Jharkhand · 2003 Same Parties Ajit Kumar vs State of Jharkhand and ors. Same Subject Civil Same Judge V.K. Gupta, C.J. and; Vishnudeo Narayan, J.

Civil