Patna High Court - Orders
Madhubani Sahkari Grih Nirman Samiti ... vs The Union Of India & Ors on 10 March, 2017
Author: Ahsanuddin Amanullah
Bench: Ahsanuddin Amanullah
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1329 of 2017
Along with
Interlocutory Application No. 1706 of 2017
And
Interlocutory Application No. 1768 of 2017
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1. Madhubani Sahkari Grih Nirman Samiti Ltd., Madhubani, through its
Chairman, Navendra Jha
2. Navendra Jha, Son of Late Kulanand Jha, Resident of village and P.O.
Awari, P.S. Madhwapur, District - Madhubani, Chairman of Madhubani
Sahkari Grih Nirman Samiti Ltd., Madhubani
3. Kashipur Sahkari Grih Nirman Samiti Ltd., Samastipur, through its
Chairman/Delegate, Ram Kalewar Prasad Singh
4. Ram Kalewar Prasad Singh, Son of Late Ram Yatan Singh, resident of
village and P.O. Sultanpur, P.S. Mohiuddinagar, District - Samastipur,
Chairman/Delegate of Kashipur Sahkari Grih Nirman Samiti Ltd.,
Samastipur
.... .... Petitioner/s
Versus
1. The Union of India, through the Secretary, Department of Agriculture,
Co - operation and Farmers Welfare, Govt. of India, Krishi Bhawan, New
Delhi
2. The Central Registrar, Co -Operative Societies, Krishi Bhawan, New
Delhi
3. The Bihar State Housing Co-Operative Federation Ltd., Lalit Bhawan,
Bailey Road, Patna 800014 through its Managing Director
4. The Administrator, Bihar State Housing Co - Operative Federation Ltd.,
Patna
5. The Registrar, Co - Operative Societies, Bihar, Vikas Bhawan, New
Secretariat, Patna 800001
6. The Bihar State Election Authority, 32 Harding Road, Patna, through its
Chief Election officer
7. The Chief Election officer, Bihar State Election Authority, 32, Harding
Road, Patna
Patna High Court CWJC No.1329 of 2017 (5) dt.10-03-2017
2/7
8. The Assistant Election Officer, Bihar State Housing Co-Operative
Federation Ltd., Lalit Bhawan, Patna
9. The State of Bihar through the Principal Secretary, Department of Co-
operative, Bihar, Patna.
.... .... Respondent/s
Appearance :
For the Petitioners : Mr. Y. V. Giri, Sr. Advocate with
Mr. Ishwari Singh,
Mr. Surendra Kumar Mishra and
Mr. Raghunath Singh, Advocates
For the State : Mr. Chitranjan Sinha, PAAG 2 with
Mr. Niraj Kumar Sinha, AC to PAAG 2
For the UOI : Mr. S. D. Sanjay, Addl. S.C. with
Mr. Kumar Priya Ranjan, Advocate
For the BSHCFL : Mr. P.K. Jha with
Mr. Vikash Kumar Jha, Advocates
For the Election Authority : Mr. Mukesh Kumar, Advocate
For the Intervener
(I.A. No. 1768 of 2017) :
Mr. Rajendra Narain, Sr. Advocate with
Mr. Pankaj, Advocate
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL ORDER
5 10-03-2017Heard learned counsel for the parties.
Re.: Interlocutory Application No. 1706 of 2017 The Interlocutory Application has been filed for adding the proposed intervener applicant as a co-petitioner in support of the writ petition.
In view there being a bar to any intervention by a party as a co-petitioner and the same being permissible only if a person proposes to oppose the writ petition when the Court may allow Patna High Court CWJC No.1329 of 2017 (5) dt.10-03-2017 3/7 such intervention and add him as a respondent, the present Interlocutory Application is not maintainable.
Faced with the situation, learned counsel for the intervener applicant seeks permission to withdraw the same.
In view thereof, Interlocutory Application No. 1706 of 2017 stands disposed off as withdrawn.
However, the intervener applicant shall be at liberty to pursue his remedy in accordance with law.
Re.: Interlocutory Application No. 1768 of 2017 Heard Mr. Rajendra Narain, learned senior counsel, assisted by Mr. Pankaj, learned counsel in support of the Interlocutory Application and Mr. Y. V. Giri, learned senior counsel assisted by Mr. Ishwari Singh, learned counsel for the petitioners.
The Interlocutory Application has been filed seeking impleadment of the proposed intervener applicant as a party respondent in opposition to the writ petition.
Learned counsel submitted that the intervener applicant is one of the Primary Housing Co-operative Societies, which is functional and which was eligible to vote in the election to the Bihar State Housing Co-operative Federation Limited, Patna i.e., the Apex Body, for which election schedule was also notified on Patna High Court CWJC No.1329 of 2017 (5) dt.10-03-2017 4/7 18.02.2017 and pursuant thereto 75 valid Primary Societies were allowed to participate and after scrutiny, 43 were found eligible for taking part in the elections, out of which the intervener applicant is also one. Learned counsel submitted that when the law provides for a minimum quorum of the electorate and that quorum is satisfied, this Court would not intervene in the matter and stall the election to the Apex Body. He further submitted that the Apex Body is a Multi State Co-operative Society registered by the Central Registrar of Co-operative Societies and its area of operation is in the State of Bihar as well as Jharkhand. Learned counsel submitted that this Court has taken up the cause of Primary Housing Co-operative Societies of Bihar whereas the Primary Housing Co-operative Societies situated in the State of Jharkhand are also facing a similar problem, where elections have not been held and, thus, may not be eligible to vote in the election of the Apex Body and only few are there in the list of 43, being finally declared eligible for taking part in the election.
Learned counsel for the petitioners has opposed the intervention and submitted that it is a ploy not only to create confusion but also to steal a march by only 43 out of more than 678 Primary Housing Co-operative Societies and their sole ground is the notification dated 18.02.2017, which is contrary to the Patna High Court CWJC No.1329 of 2017 (5) dt.10-03-2017 5/7 direction of the Court in the present case on 15.02.2017, where, in clear terms it was stipulated that the Court shall pass appropriate orders with regard to holding of the election in a fixed timeframe to the Primary Housing Cooperative Societies followed by that to the Federation. He submitted that pursuant to the order dated 19.10.2016 of the Registrar of Central Co-operative Societies directing for holding of election, whatever action has been taken by the Central Registrar relating to election to the Apex Body after the order of the Court dated 15.02.2017, having been subsequently withdrawn, the petitioner has no cause of action and in fact is in collusion with the forces which want that only a fraction of the total electorate should vote, causing undue benefit to persons, including the intervener applicant and loss to the majority of the Primary Housing Co-operative Societies.
Having considered the submissions of learned counsel for the parties, this Court does not find any necessity to implead the intervener applicant in the present writ petition. He may have been successful as an existing society to be part of the electorate for holding election to the Apex Body, but being part of a tiny section, moreso when his rights are not being affected and shall be maintained in future also, the exercise undertaken by the Court in furtherance of the cause and spirit of the co-operative movement, Patna High Court CWJC No.1329 of 2017 (5) dt.10-03-2017 6/7 when a vast majority of the electorate is unable to take part in the exercise of voting only on the ground that the societies are not duly elected, the Court by just correcting the course has acted in furtherance of facilitating the election in a more just and fair manner, inasmuch as, the electorate itself being constituted, at least as far as the State of Bihar is concerned, so that the election to the Apex Body is more representative of the will of the majority of the voters. The same is also necessary for the reason that once the election is held, the same is for 5 years and thus to bar the Primary Housing Cooperative Societies whose elections have not been held for no fault on their part but only on the part of the authorities which are required to hold election, the Court would intervene in the matter and that is exactly what it has been done. Further, no such society from Jharkhand has approached this Court in the matter.
In view of the aforesaid, Interlocutory Application No. 1768 of 2017 stands dismissed.
Re.: Civil Writ Jurisdiction Case No. 1329 of 2017 At the very outset, Mr. Chitranjan Sinha, learned P.A.A.G. 2, on the basis of averments made in the counter affidavit field on behalf of respondents no. 5 and 9, submitted, that the Registrar of Cooperative Societies, Bihar has written to all the Patna High Court CWJC No.1329 of 2017 (5) dt.10-03-2017 7/7 District Cooperative Officers on 28.02.2017 directing them to supply the information sought by the State Election Authority, within 3 days. However, he submitted that some time may be given due to the ensuing Holi festival.
Having regard to the aforesaid, the matter be listed, retaining its position, on 10th April, 2017 to enable learned counsel for the State to give up-to-date status report. It is expected that substantial progress would be made in the meantime.
(Ahsanuddin Amanullah, J) Anjani/-
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