Patna High Court - Orders
Piraunta Primary Agriculture Credit ... vs The State Of Bihar on 30 July, 2019
Author: Rajeev Ranjan Prasad
Bench: Rajeev Ranjan Prasad
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14396 of 2019
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1. Bindwal Primary Agriculture Credit Co-operative Society through its
Chairman namely Umashankar Pandey (M), Aged about 38 yrs
2. Umashankar Pandey, Son of Shri Rampravesh Pandey, Resident of Village-
Khakhi Baba Pipra, P.S.- Goreyakothi, Block- Goreyakothi, District- Siwan.
3. Madhopur Primary Agriculture Credit Co-operative Society through its
Chairman namely Shri Nivas Singh, Aged about 48 yrs (M).
4. Shri Nivas Singh, Son of Late Suryadev Singh, Resident of Village- Baliya
Patti, P/O Jalalpur, P.S.- G.B. Nagar, Tarwara, Block- Maharajganj, District-
Siwan.
5. Teghra Primary Agriculture Credit Co-operative Society through its
Chairman namely Amresh Kumar Gautam, Aged about 34 yrs. (M).
6. Amresh Kumar Gautam, Son of Late Vashisht Singh, Resident of Vilage and
P.O.- Bangra, P.S.- Maharajganj, Block- Maharajganj, District- Siwan.
7. Balia Primary Agriculture Credit Co-operative Society through its Chairman
namely Jaikishor Pandey, Aged about 42 yrs, (M).
8. Jaikishor Pandey, Son of Shri Rajaram Pandey, Resident of Village and P.O.-
Balia, P.S.- Maharajganj, Block- Maharajganj, District- Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Cooperative Department,
Government of Bihar, Patna.
2. The Additional Chief Secretary cum Principal Secretary Department of Co-
operative, Bihar, Patna.
3. The Registrar, Co-operative Society, Bihar, Patna.
4. The Deputy Registrar, Co-operative Society, Bihar, Patna.
5. The District Co-operative Office, at Siwan.
6. The Assistant Registrar, Co-operative Society, Siwan.
7. Bihar State Election Authority through its Joint Secretary.
... ... Respondent/s
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with
Civil Writ Jurisdiction Case No. 14399 of 2019
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1. Piraunta Primary Agriculture Credit Cooperative Society Ltd. (PACS) at and
P.O.-Piraunta, Block-Arah Sadar, District-Bhojpur through its Chairman
Hare Ram Singh
2. Hare Ram Singh Son of Rajendra Singh R/o at-Jadopur, P.O.-Piraunta, P.S.-
Muffasil Arah, District-Bhojpur, Chairman Piraunta PACS
3. Sikatiyan Primary Agriculture Credit Cooperative Society Ltd. (PACS) at
Sikatiyan Block-Panchdeori, Gopalganj through its Chairman Ashnarayan
Patna High Court CWJC No.14396 of 2019(2) dt.30-07-2019
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Choudhary
4. Ashnarayan Choudhary Son of Amar Choudhary Resident of Village-Natwa,
P.O.-Panchdeori, P.S.-Katayan, District-Gopalganj
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Cooperative Department,
Government of Bihar, Patna
2. The Registrar Cooperative Societies, Bihar, Patna
3. The Deputy Registrar (Cane) Cooperative Societies, Bihar, Patna
... ... Respondent/s
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with
Civil Writ Jurisdiction Case No. 14571 of 2019
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1. Babu Bandh, Primary Agriculture Credit Cooperative Society Ltd. (PACS)
At Bhaluna, Block- Charpokhari, District- Bhojpur through its chairman
Rajesh Kumar Rai.
2. Rajesh Kumar Rai, Son of Surendra Rai, At - Bhaluna, P.O. - Chandi, P.S.
Char Pokhari, District- Bhojpur, Chairman Babu Bandh PACS.
3. Mion Primary Agriculture Credit Cooperative Society Ltd. (PACS), At Mion
Block- Bhabua, Kaimur through its Chairman Dadan Dwivedi.
4. Dadan Dwivedi, Son of late Loknath Dwivedi, Resident of village-
Sapnotiya, P.S. Sonhhan, District- Kaimur.
5. Mujan Primary Agriculture Credit Cooperative Society Ltd. (PACS) At
Mujan Block Mohaniya, through its Chairman Abhimanyu Singh,
6. Abhimanyu Singh Son of Tejbali Singh, At Mujan, P.S. Mohania, District-
Kaimur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Cooperative Department,
Government of Bihar, Patna.
2. The Registrar Cooperative Societies, Bihar, Patna.
3. The Deputy Registrar (Cane) Cooperative Societies, Bihar, Patna.
... ... Respondent/s
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with
Civil Writ Jurisdiction Case No. 14401 of 2019
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1. Manoj Kumar Singh S/o Bashishtha Singh Resident of Village Maruan,PS
Dinara,Dist.Rohtas,the Chairman Akhodha Primary Agriculture Credit
Cooperative Society Limited(PACS)
2. Om Prakash Singh S/o Suresh Singh, At-A.S. College Pathj Krishna
Patna High Court CWJC No.14396 of 2019(2) dt.30-07-2019
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Nagar,Ward No.13, P.S. Bikramganj,Dist.Rohtas,the Chairman Mohani
Primary Agriculture Credit Cooperative Society Limited(PACS)
3. Imam Khan S/o Ajamer Khan Resident of Village Raman Dihra,PS
Bikramganj, Dist.Rohtas,the Chairman Mani Primary Agriculture Credit
Cooperative Society Limited(PACS)
4. Ujjwal Kumar S/o Late Binod Kumar Singh Resident of Village Ghosiya
Khurd, PS Bikramganj Dist.Rohtas,the Chairman Ghosiya Khurd Primary
Agriculture Credit Cooperative Society Limited(PACS)
5. Pramod Kumar Singh S/o Raj Grishi Singh, Resident of Village Bensagar,PS
Karakat Dist.Rohtas,the Chairman Bensagar Primary Agriculture Credit
Cooperative Society Limited(PACS)
6. Amar Prasad S/o Ramadhar Singh Resident of Village Akaurahi,PS
Kargahar,Dist.Rohtas,The Chairman Ararua PACS
7. Dhananjay Singh @ Narad Singh S/o Markandey Singh Resident of Village
Bhokhari,PS Kargahar,Dist.Rohtas,the Chairman Bhokari PACS.
8. Sanjay Kuamr Singh S/o Rajendra Singh, Resident of Village Babhanij
Pahari,PS Karghar,Dist.Rohtas,the Chairman Babhani PACS.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary,Cooperative
Department,Govt. of Bihar,Patna
2. The Registrar Cooperative Societies, Bihar,Patna
3. The Deputy Registrar (Cane) Cooperative Societies, Bihar,Patna
... ... Respondent/s
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with
Civil Writ Jurisdiction Case No. 14591 of 2019
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1. Vijay Kumar son of late Chandrika Rai resident of Village- Husainipur, P.S.
Tisiauta, District- Vaishali, the Chairman, Govindpur, Panchayat PACS.
2. Baidyanath Kumar son of Ram Sakal Rai resident of Village- Maghaul, P.S.
Mahua, District- Vaishali, the Chairman Rasulpur PACS.
3. Ranjeet Kumar son of Chandeshwar Prasad Singh resident of Village-
Paigambarpur Gorigama, P.S. Gorol, District- Vaishali, the Chairman
Ismialpur Panchayat PACS.
4. Ravindra Kumar son of Ramudar Singh resident of Village- Bhagwatpur
Tarauna, P.S. Manua, District Vaishali, the Chairman Tarora PACS.
5. Sanjay Kumar son of late Kumar Jagadish Shastri resident of Village-
Chakdawan, P.S. Mahua, District- Vaishali, the Chairman Rasulpur Mobarak
PACS.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Cooperative Department,
Patna High Court CWJC No.14396 of 2019(2) dt.30-07-2019
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Government of Bihar, Patna.
2. The Registrar Cooperative Societies, Bihar, Patna.
3. The Deputy Registrar (Cane) Cooperative Societies, Bihar, Patna.
... ... Respondent/s
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with
Civil Writ Jurisdiction Case No. 14651 of 2019
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1. Ashok Chandra Kashyap Son of Ramnandan Sharma, Resident of Village-
Mandaul, P.S. Chakand, District- Gaya, the Chairman Madan Bigha Primary
Agriculture Credit Cooperative Society Ltd. (PACS) Madan Bigha.
2. Dilip Kumar, Son of Mithilesh Sharma, At Jalpura, P.S. Arwal, District-
Arwal, Chairman Bhadasi, Primary Agriculture Credit Cooperative Society
Ltd. (PACS), Bhadasi.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Cooperative Department,
Government of Bihar, Patna.
2. The Registrar Cooperative Societies, Bihar,Patna.
3. The Deputy Registrar(Cane), Cooperative Societies, Bihar, Patna.
... ... Respondent/s
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with
Civil Writ Jurisdiction Case No. 14403 of 2019
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1. Aditya Kumar Son of Late Janki Prasad, Resident of Village- Amethi, P.S.
Wazirganj, District- Gaya, Chairman of Amethi PACS.
2. Nand Lal Kumar, Son of Late Ramashish Singh, Resident of Village- Pura,
P.S. Wazirganj, District- Gaya, Chairman of Piro PACS.
... ... Petitioner/s
Versus
1. The State of Bihar Through the Principal Secretary, Cooperative
Department, Government of Bihar, Patna.
2. The Registrar Cooperative Societies, Bihar, Patna.
3. The Deputy Registrar (Cane) Cooperative Societies, Bihar, Patna.
... ... Respondent/s
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with
Civil Writ Jurisdiction Case No. 14402 of 2019
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1. Ajay Singh Son of Late Bhopal Singh Resident of Village- Siur, P.S. Roh,
District- Nawadah, the Chairman of Siur PACS.
Patna High Court CWJC No.14396 of 2019(2) dt.30-07-2019
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2. Lakhan Yadav Son of Late Kishun Yadav Resident of Village- Kosh Dihra,
P.S. Roh, District- Nawadah, the Chairman, Morma PACS.
3. Dharmendra Kumar Son of Late Bindeshwari Singh Resident of Village-
Rupao, P.S. Rupao, District- Nawadah, Chairman of Bhikhampur PACS.
4. Sheela Devi Wife of Dilip Paswan Resident of Village- Pratappur, P.S.- Roh,
District- Nawadah, the Chairman of Bhatta PACS.
5. Raj Kishore Son of Balendra Prasad Singh Resident of Village- Chandwara,
P.S. Kartaha, District- Vaishali, the Chairman Kartaha Bujurg PACS.
6. Kaushlendra Mohan Son of Late Chaudhary Braj Mohan Prasad Singh
Resident of Village and P.O. and P.S.- Tisiauta, District- Vaishali, the
Chairman of Tisiauta Dharampur PACS.
7. Akhilesh Kumar Thakur @ Akhilesh Thakur Son of Late Ram Sagar Thakur
Resident of Village- Basudeopur Chaputa, P.S.-n Hazipur Sadar, District-
Vaishali, the Chairman Afjalpur Dhobghatti PACS.
8. Jaipat Prasad Singh Son of Chaturbhuj Prasad Singh Resident of Village and
P.O. and P.S.- Rajapakar, District- Vaishali, the Chairman Rajapakar Dakhsni
Panchayat PACS.
9. Prashant Kumar Son of Mukulesh Nandan Resident of Village and P.O.-
Birna Lakhan Sen, P.S.- Mahua, District- Vaishali, the Chairman of
Narayanpur Bujurg PACS.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Cooperative Department,
Government of Bihar, Patna.
2. The Registrar Cooperative Societies, Bihar, Patna.
3. The Deputy Registrar (Cane) Cooperative Societies, Bihar, Patna.
... ... Respondent/s
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with
Civil Writ Jurisdiction Case No. 14442 of 2019
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1. Nakatpura Panchayat Primary Agriculture Credit Cooperative Society Ltd.
having registration office at Nakatpura, Block- Bihar Sharif, District-
Nalanda through its Chairman Ramjanam Singh, Son of Sukhdev Singh,
Village- Nakatpura, Post- Murora, Police Station- Deepnagar, Block- Bihar
Sharif, District- Nalanda.
2. Ramjanam Singh, Son of Sukhdev Singh, Village- Nakatpura, Post- Murora,
Police Station- Deepnagar, Block- Bihar Sharif, District- Nalanda.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Cooperative Department,
Government of Bihar, Patna.
2. The Additional Chief Secretary Cum Principal Secretary Department of Co-
Patna High Court CWJC No.14396 of 2019(2) dt.30-07-2019
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operative, Bihar, Patna.
3. The Registrar, Co-operative Society, Bihar, Patna.
4. T'he Deputy Registrar, Co-operative Society, Bihar, Patna.
5. The District Co-Operative Officer, Nalanda.
6. The Bihar State Election Authority, Patna through its Joint Secreary
... ... Respondent/s
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with
Civil Writ Jurisdiction Case No. 14868 of 2019
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1. Sheet Basant Kumar S/o Late Basudeo Prasad, Vill Dokha Mathia PO
Sadaber,PS Dulhin Bazar Patna.Aslo Elected Chairman of Sadabeh Dorba
Primary Agriculture Co-operative Credit Society.
2. Anand Mohan Sharma S/o Shri Sidheshwar Sharma, Chairman of Lala
Bhadsara PACS, resident of At and PO Bhadsara,PS Dulhi Bazar,Dist.Patna
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary Co-operative Department
Govt. of Bihar,Patna
2. The Registrar, Co-operative Department,Patna Bihar
3. The Deputy Registrar Cane Cooperative Societies Bihar, Patna
4. District Co-operative Officer, Patna
... ... Respondent/s
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with
Civil Writ Jurisdiction Case No. 14867 of 2019
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Awadh Bihari Rai Son of Late Haridwar Rai, Resident of Village - Pipra, P.O.
- Pipra, P.S. - Pipra, District- Rohtas.
... ... Petitioner/s
Versus
1. The State of Bihar Through the Principal Secretary Co-operative Department
Govt of Bihar, Patna.
2. The Registrar, Co-operative Department, Patna Bihar.
3. The Deputy Registrar Cane Cooperative Societies Bihar, Patna.
4. District Co-operative Officer, Rohtas.
... ... Respondent/s
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with
Civil Writ Jurisdiction Case No. 14894 of 2019
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Patna High Court CWJC No.14396 of 2019(2) dt.30-07-2019
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Upendra Kumar Singh S/o Jai Mangal Singh Resident of Village- Chainpur,
P.O.- Taraiya, P.S.- Taraiya, District- Saran.
... ... Petitioner/s
Versus
1. The State of Bihar Through the Principal Secretary Co-operative Department
Govt. of Bihar, Patna.
2. The Registrar Co-operative Department, Patna Bihar.
3. The Deputy Registrar Cane Cooperative Societies Bihar, Patna.
4. Assistant Registrar Co-operative Society, Saran.
... ... Respondent/s
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Appearance :
(In Civil Writ Jurisdiction Case No. 14396 of 2019)
For the Petitioner/s : Mr.Bindhyachal Rai,Advocate
For the Respondent/s : Mr.Syed Iqbal Ahmad ( Sc20 )
(In Civil Writ Jurisdiction Case No. 14399 of 2019)
For the Petitioner/s : Mr.Sandip Kumar, Advocate
Mr.Mukesh Kumar,Advocate
Mr. Rakesh Kumar Jha, Advocate
For the Respondent/s : Mr.Uday Shankar Saran Singh (Gp19)
(In Civil Writ Jurisdiction Case No. 14571 of 2019)
For the Petitioner/s : Mr. Y. V.Giri, Sr. Advocate
Mr.Rakesh Kumar Jha, Advocate
For the Respondent/s : Mr.Syed Iqbal Ahmad (Sc20)
(In Civil Writ Jurisdiction Case No. 14401 of 2019)
For the Petitioner/s : Mr.Mukesh Kumar
For the Respondent/s : Mr.Syed Iqbal Ahmad (Sc20)
(In Civil Writ Jurisdiction Case No. 14591 of 2019)
For the Petitioner/s : Mr.Mukesh Kumar
For the Respondent/s : Mr.Chitranjan Sinha (Paag2)
(In Civil Writ Jurisdiction Case No. 14651 of 2019)
For the Petitioner/s : Mr. P. K. Sahi, Sr. Advocate
Mr.Mukesh Kumar, Advocate
For the Respondent/s : Mr.Manoj Kumar Ambastha ( Sc26 )
(In Civil Writ Jurisdiction Case No. 14403 of 2019)
For the Petitioner/s : Mr.Mukesh Kumar, Advocate
For the Respondent/s : Mr.Sushil Kumar (Gp22)
(In Civil Writ Jurisdiction Case No. 14402 of 2019)
For the Petitioner/s : Mr.Mukesh Kumar, Advocate
For the Respondent/s : Mr.Amit Prakash (Ga13)
(In Civil Writ Jurisdiction Case No. 14442 of 2019)
For the Petitioner/s : Mr.Bindhyachal Rai, Advocate
For the Respondent/s : Mr.Uday Shankar Saran Singh (Gp19)
(In Civil Writ Jurisdiction Case No. 14868 of 2019)
For the Petitioner/s : Mr.Shashi Kant Kumar, Advocate
For the Respondent/s : Mr.Raj Ballabh Pd. Yadav (Aag11)
(In Civil Writ Jurisdiction Case No. 14867 of 2019)
For the Petitioner/s : Mr.Shashi Kant Kumar, Advocate
For the Respondent/s : Mr.Sushil Kumar (Gp22)
(In Civil Writ Jurisdiction Case No. 14894 of 2019)
For the Petitioner/s : Mr.Shashi Kant Kumar, Advocte
For the Respondent/s : Mr.Uday Shankar Sharan Singh (Gp19)
Patna High Court CWJC No.14396 of 2019(2) dt.30-07-2019
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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL ORDER
2 30-07-2019These cases have been tagged on the request of learned senior counsel representing the parties as they seek to challenge a common order as contained in Memo No. 6349 dated 05.07.2019 (Annexure '2') issued by the Deputy Registrar (Cane) Co-operative Societies, Bihar, Patna.
It is the common contention of learned senior counsel representing the parties that the second part of the order by which in exercise of power under Section 44AQ(6) of the Bihar Co-operative Societies Act, 1935 (hereinafter referred to as the "Act of 1935"), the Deputy Registrar has notified under order of the Registrar, Co-operative Societies that all those eligible applicants who could not get themselves the membership in terms of Rule 7(1) of the Bihar Co-operative Societies Rules, 1959 (hereinafter referred to as the "Rules of 1959") are declared members of the Primary Agricultural Co- operative Societies (PACS) is wholly illegal and without jurisdiction.
It is submitted that the mode and manner in which a member is to be inducted in the PACS is laid down under Rule 7 of the Rules of 1959. The Rule of 1959 specifically provides that an application for membership has to be applied in Form Patna High Court CWJC No.14396 of 2019(2) dt.30-07-2019 9/16 'V' and then such applications are to be considered by the Managing Committee of the Society and the decision of the Committee thereon is required to be communicated to the applicant within 15 days from the date of receipt of the application and where the application is rejected the reasons therefor are to be communicated. In terms of Rule 7 (e), if no decision is communicated to the applicant within the period specified in Clause (d) of Sub-Rule (1) of Rule 7 within 15 days, it shall be deemed that the application has been accepted and the applicant has been admitted to the membership of the Society. A person aggrieved by the rejection of his application has a right to prefer an appeal to the Registrar in terms of Sub-Rule (2) of Rule 7.
So far as Section 44AQ of the Act of 1935 is concerned, it is submitted that it relates to power of the Registrar to order liquidation of the societies and amalgamation of serving societies. Sub-section (6) of Section 44AQ provides that every family residing within the local limits of new society determined under sub-section (2) shall be represented by at least one adult member of the family who shall be a normal or associate member of the society and shall be entitled to a right of voting if he pays a membership fee and may become a full Patna High Court CWJC No.14396 of 2019(2) dt.30-07-2019 10/16 fledged member of the society if he purchases at least one share of the society and further he shall be entitled to receive loan therefrom and shall also be eligible to hold any elected post of the society.
Learned senior counsel submits that by no stretch of imagination sub-section (6) of Section 44AQ of the Act of 1935 confers any power upon the Registrar, Co-operative Societies to suo motu declare an applicant member of a society. It is submitted that in absence of there being a statutory power vested in the Registrar to that effect, the declaration made in the impugned order that all such applicants who have not themselves got membership shall become a member of the society is wholly without jurisdiction.
Referring to the propositions of law laid down by the Hon'ble Supreme Court that a creature of a statute must act within the four corners of the statute it is submitted that since the Registrar, Co-operative Societies has not been conferred with any power to declare an applicant member of the society automatically, the second part of the impugned order is liable to be held bad in law and be accordingly quashed.
Although in this case no counter affidavit has been filed but in CWJC No. 14399/2019 a counter affidavit has been Patna High Court CWJC No.14396 of 2019(2) dt.30-07-2019 11/16 filed on behalf of respondent no. 1, 2 & 3 sworn by the Assistant Registrar, Co-operative Societies. All that have been said with regard to the powers of the Registrar to issue such orders as have been issued in the present case, may be found in paragraph '19' of the counter affidavit as under:
"19. That so far as the question of authority and jurisdiction of the present respondent in issuance of the impugned order is concerned, it is submitted that the Block Development Officer, District Cooperative Officer and Assistant Registrar, Cooperative Societies are empowered under Rule 7 (1)
(a) (b) (c) and Rule 7(4) of the Bihar Cooperative Societies Rules, 1959 to pass order pertaining to membership to such PACS which are binding on it.
But when it was observed that required outcome in membership is not coming on account of apathy, the present respondent passed the order impugned." Yesterday, when these matters were mentioned being on the cause list, this Court wanted to know as to whether the election has been notified, the Court was informed that no election has been notified as the voter list itself is under preparation. The petitioners had raised a grievance that any voter list prepared on the basis of the direction of the Registrar as contained in Annexure '2' (second part) would not be in accordance with law.
Today, learned Senior Counsel for the petitioners have informed this Court that perhaps prompted by the query made by this Court yesterday, in the late night a notification bearing Patna High Court CWJC No.14396 of 2019(2) dt.30-07-2019 12/16 no. 118 dated 29th May, 2019 has been uploaded by the Bihar State Election Authority notifying the election of the societies. The schedule, however, shows that the last date for publication of voter list is 03.08.2019.
Learned Senior Counsel for the petitioners have informed that earlier a direction was there to prepare the voter list taking the cut off date of membership as on 30 th June, 2019 but now taking note of the impugned order (Annexure '2') the last date for publication of voter list has been fixed on 03.08.2019 with a sole intention to take into account all those applicants who stand inducted as a member by virtue of the direction contained in the last part of the impugned order (Annexure '2' to the writ application).
Mr. Mukesh Kumar, learned counsel appearing on behalf of the Bihar State Election Authority submits that earlier the cut off date was extended from 30.06.2019 to 15.07.2019 on the request of the Registrar, Co-operative Societies vide memo dated 10.07.2019.
Having heard learned Senior Counsel for the petitioners and learned counsel representing the State as well as the State Election Authority, this Court is prima-facie of the considered opinion that the second part of the order as contained Patna High Court CWJC No.14396 of 2019(2) dt.30-07-2019 13/16 in Memo No. 33649 dated 05.07.2019 (Annexure '2') cannot be said to be in accordance with law. Section 44AQ (6) under which the Registrar, Co-operative Societies has exercised his power reads as under:
44.AQ (6) Every family residing within the local limits of the new society determined under 2[sub-
section (2) shall be represented by at least one adult member of the family who shall be a normal or associate member of the society and shall be entitled to a right of voting if he pays a 3[membership fee] and may become a full-fledged member of the society if he purchases at least one share of the society and he shall be entitled to receive loan therefrom and shall also be eligible to hold any elective post of the society."
The provisions relating to admission of a member in the society, consideration of the application for membership, rejection thereof and the circumstances under which a Block Development Officer or Assistant Registrar, Co-operative Societies or District Co-operative Societies may exercise their power to induct a member of society are all provided under Rule 7 and its various sub-Rules which are quoted hereunder for a ready reference:
"7. Admission to Membership. - 1[ (1) (a) Every person desiring admission to membership of a registered society shall apply in form V.
(b) The Secretary of the Society or any person duly authorised by him in this behalf shall immediately grant a receipt for the application in the form at the foot of form V.
(c) In case the Secretary of the Society or any such person as aforesaid does not receive the application or
1.Subs. By letter No. 14/Legal 51/89&2829 dated 2.9.89
2. Subs by idid Patna High Court CWJC No.14396 of 2019(2) dt.30-07-2019 14/16 grant a receipt for it, the applicant may submit his application to the Block Development Officer or the Assistant Registrar or Cooperative Societies or the District Cooperative Officer, who shall immediately grant him a receipt for the application in the prescribed form, and shall at once send the same to the society concerned.
(d) The application shall be considered by a Managing Committee of the Society and the decision of the Committee thereon shall be communicated to the applicant within 15 days of receipt of the application and, where the application is rejected, with reasons therefor.
(e) If no decision is communicated to the applicant within the period specified above. It shall be deemed that the application has been accepted and the applicant has been admitted to the membership of the Society.] (2) A person whose application for admission to membership has been rejected by the managing committee may, within sixty days of the communication of the decision to him appeal to the Registrar whose decision shall be final.
(3) On payment of the admission fee and share money as prescribed in the bye-laws, a member shall be entitled to all the rights and shall be subject to all the liabilities of a member.2
[(4) "Notwithstanding anything contrary contained in this rule or by-lays of a Primary Agriculture Credit Society, if any person applied for membership of such a society with a declaration to the Block Development Officer or Assistant Registrar, Cooperative societies or District Cooperative Officer that-
(a) he fulfills the criteria for attaining membership of such a society,
(b) no other member of his family is a member of the society and
(c) he has applied for membership to the managing committee of such society and has not been admitted as a member, the concerned Block Development Officer of Assistant Registrar Co-operative Societies or District Co-operative Officer, as the case may be, shall order such person to be made a member of the said society."
2.Ins by Notifn.No. 7340 dated 26.11.2008 Patna High Court CWJC No.14396 of 2019(2) dt.30-07-2019 15/16 A bare perusal of the aforesaid provisions would show that the Rule duly provides the mode and manner in which a member is to be inducted. Rule nowhere confers powers on the Registrar to issue a declaration in the nature it has been done in the second part of the impugned order dated 05.07.2019.
Mr. P.K. Sahi, learned Senior Counsel representing one of the petitioners in the batch of cases has relied upon the judgment of the Hon'ble Supreme Court in the case of Commissioner of Police, Bombay v. Gordhandas Bhanji reported in A.I.R. (39) 1952 Supreme Court 16 to contend that a public authority must act in accordance with the powers vested in them and they cannot play fast and loose with the powers. This Court finds substance in the submission of learned Senior Counsel given on the proposition of law that a public authority such as Registrar, Co-operative Societies cannot assume upon himself a power which is not vested in him by the statute.
These are the observations of the Court prima-facie on the basis of the materials which have been placed today in course of hearing.
Although on the basis of the stand taken by the respondents in the counter affidavit as indicated above, these writ applications should have been disposed off, however, Mr. Patna High Court CWJC No.14396 of 2019(2) dt.30-07-2019 16/16 Sanjay Kumar, learned AC to GA 13 who appears in C.W.J.C. No. 14402 of 2019 submits that some further time may be granted to the State respondents to file counter affidavit in the other cases as well. Taking note of this, the cases are being fixed under the same heading on 8th of August, 2019.
In the meantime, the operation of the impugned order insofar as it directs that all such applicants eligible for membership who have not obtained the membership on their own are declared members of the society is hereby stayed.
This Court is of the considered opinion that even though, normally the Court does not interfere with the election, in a given case like the present one where the issue of finalization of voter list is still pending consideration and the voter list is yet to be finalized, the hurried notification sensing the observation of this Court would not come in the way of the Court exercising it's power under Article 226 of the Constitution of India to direct the respondents to maintain the status quo as on today.
List accordingly.
(Rajeev Ranjan Prasad, J) Rajeev/-
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