Orissa High Court Affirms Government's Prerogative in Cooperative Society Location Decisions
The Orissa High Court has delivered a significant ruling establishing that decisions regarding the geographical placement of Primary Cooperative Societies (PCS) constitute matters of government policy. The court emphasized that such determinations cannot be legally contested unless they demonstrably violate constitutional provisions or fundamental rights.
Judicial Dismissal of Public Interest Litigation
This landmark judgment was pronounced on January 20, 2024, when a division bench comprising Chief Justice Harish Tandon and Justice M.S. Raman dismissed a Public Interest Litigation (PIL). The petition had sought judicial intervention to direct state authorities to construct a permanent PCS office and storage facility at Kundi village instead of the designated location at Kuhunda within Cuttack district.
The PIL, initiated by petitioner Tushar Ranjan Samal, argued that since the PCS had previously operated from Kundi, it should be permanently re-established at that original site. However, the court found this argument insufficient to override established government policy decisions.
Court's Reasoning on Policy Domain
In their detailed observation, the bench clearly delineated the boundaries of judicial intervention in administrative matters. The judges stated, "It is within the domain of the government, after receiving reports from experts regarding the suitability of locations, to determine places that best facilitate agricultural communities. Once the government has made a policy decision to construct a Primary Cooperative Society at a specific location, we see no scope for judicial interference unless such decisions offend the core principles of directive policies or fundamental rights guaranteed by our Constitution."
Historical Context and Government Decision-Making
The court acknowledged the historical background that the society had indeed functioned from Kundi village previously. However, the building suffered severe damage during the devastating 1999 Super Cyclone, compelling authorities to relocate operations to temporary rented premises.
Subsequently, after thorough feasibility assessments, the government decided to construct a permanent PCS facility at Kuhunda. This decision involved the de-reservation of 'gochar' land (traditional grazing areas), a process the court found constitutionally sound.
Judicial Restraint and Future Considerations
The bench exercised judicial restraint, noting that while governments should ideally ensure agricultural facilities remain accessible to local communities, this particular case did not warrant extraordinary judicial intervention. The court explicitly mentioned that it remains within the government's wisdom to consider establishing additional PCS facilities in nearby locations if necessary to address local concerns effectively.
Significance of Primary Cooperative Societies
Highlighting the crucial role these institutions play in agricultural development, the bench elaborated on their fundamental objectives. The court emphasized that PCS organizations exist "to facilitate agriculturists with quality seeds, fertilizers, and technical knowledge to enhance agricultural productivity and yield, incorporating recent research advancements in the agricultural field."
This ruling reinforces the principle that courts generally refrain from interfering in policy matters unless constitutional boundaries are crossed, thereby upholding the separation of powers between judicial and executive branches of government.
