SC: Why do Babus women hold ex officio positions in associations? | India News – Times of India

NEW DELHI: The Supreme Court on Monday gave a strong exception to the wives of bureaucrats enjoying posts in societies functioning within the administrative jurisdictions of their husbands and said such practices are a product of colonial mentalityshould be discarded immediately.
What irked a bench of Justices Surya Kant and Ujjal Bhuyan was the vindictive action taken indirectly by the District Magistrate of Bulandshahr, where it was the practice since its inception in 1957 till 2019 to put the wife of the officiating District Magistrate or his candidate in charge to give. office of chairman of the Zila Mahila SamitiBulandshahr.
The general body of the Samiti, by a majority, amended the by-laws in January 2020 and decided not to give the presidency to the DM’s wife by recognizing her only as a patron. This change was approved by the Deputy Registrar of Societies. After elections to all posts, including the President, were held in September 2022, the Deputy Registrar issued a show-cause notice based on a secret inquiry by the City Magistrate, who alleged that the Samiti’s Articles of Association had been illegally amended to owned by the organization.
Senior advocate Tapesh Kumar Singh, appearing for the Samiti, said the investigation was conducted by the magistrate without summoning any office bearer or visiting the Samiti office. Despite a detailed response, on February 17, 2023, the Deputy Registrar declared the amendments illegal without even hearing the parties. This order meant that the DM’s wife would remain president of the Samiti. The body moved Allahabad HC, which dismissed his plea.
Taking umbrage, SC said, “Why does she want to hold the post of Samiti president on the basis of her husband’s position? If she wants to be the Samiti president, she should join politics and contest elections.”
Additional Solicitor General KM Natraj, appearing for UP, told SC, the government wants to get rid of this colonial mentality and has sought permission to do so in view of the HC order.
“The colonial mentality of giving ex-official positions to relatives of administrative authorities should be erased by making appropriate changes through a model statute that would clearly define the composition of the governing body of societies,” SC said. It said it would be made mandatory for all societies, whether aided by the government or not, to compulsorily follow the model articles of association, failing which they would be declared non-entities under the law.
“Let an appropriate draft amendment/model regulations be placed before the court within six weeks,” the court said while restraining the Samiti from continuing their work without the DM’s wife being part of the governing body.