'Colonial mindset': Supreme Court asks UP to amend rules over bureaucrats wives holding ex-officio posts

New Delhi: Taking a dim view of a situation where the wives of top bureaucrats like chief secretaries and district magistrates held ex-officio posts in Uttar Pradesh's cooperative societies, the Supreme Court on Monday asked the state to amend its rules to end the practice reflecting a "colonial mindset".

A bench of Justices Surya Kant and Ujjal Bhuyan took exception to the submission of Additional Solicitor General K M Nataraj, appearing for the UP government, that the state was facing resistance from these societies.

Justice Surya Kant said, "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 said under the Societies Registration Act, the societies which were extended direct or indirect benefits were obligated to follow the model bye-laws/rules/regulations circulated by the state government.

"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 said.

The top court further said in the event of a non-compliance or defiance of such model bye-laws, the society would lose its legal entity.

"It is for the legislature to bring appropriate amendments and introduce the mode of composition of the governing body and the manners in which such members will be elected. Let an appropriate proposal be drafted and put up before us on or before the next date of hearing," the bench directed the UP government, posting the matter after six weeks.

The bench was hearing a dispute relating to the Bulandshahr's Zila Mahila Samiti which has been functioning since 1957.

The samiti was given "nazul" land (land parcel leased by government) by the district administration to work for the welfare of widows, orphans and other marginalised sections of women.

While the original bye-laws required the wife of the officiating DM of Bulandshahr district to act as the president, the samiti tried to amend the bye-laws in 2022, making DM’s wife a "patron" to the society instead of its president.

The deputy registrar, however, annulled the amendments on several grounds, which was challenged before the Allahabad High Court, which rejected the samiti's plea.

Aggrieved by the high court's order, the samiti moved the apex court.

On Monday, the bench said the samiti would continue to work as usual but restrained the DM’s wife from being the office bearer or interfering with the work of the cooperative society.

It directed the petitioner society not to create any encumbrance or any third party rights on the "nazul" land or any other property that was entrusted to it by the state directly or indirectly.

On May 6, the top court pulled up the state government for approving the peculiar regulation mandating the wife of the DM of Bulandshahr to serve as president of registered societies in the district and termed it as "atrocious" and "humiliating for all women in the state".

"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?" asked the top court.

It questioned the state government over the rationale behind making such a person head of a society, not on leadership skills or community spirit, but by their marital association.