Patna High Court - Orders
Ashok Kumar Singh & Anr vs The State Of Bihar & Ors on 12 August, 2014
Author: Jyoti Saran
Bench: Jyoti Saran
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11745 of 2014
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1. Anand Mohan Sharma, Son of Shri Sidheshwar Sharma, Chairman of
Lala Bhadsara PACS, resident of At & P.O- Bhadsara, P.S- Dulhi
Bazar, District- Patna.
2. Saroj Kumar, son of Late Jay Kishun Prasad, Chairman of the Singhara
Kopa PACS, resident of At & P.O- Singhara, P.S- Dulhin Bazar,
District- Patna.
3. Madhubala Sharma, W/o Dhananjay Kumar, Chairman of Kaab PACS,
resident of Village- Kaab, P.O- Kaab, P.S- Dulhin Bazar, District-
Patna.
4. Krishna Murari Singh, son of Late Lekh Narayan Singh, Chairman of
Silhauri Belhauri PACS, R/o Village- Dharampur Kharwan, P.O- Lala
Bhadsara, P.S- Dulhin Bazar, District- Patna.
5. Akhileshwar Kumar, son of Late Bhupali Rai, Chairman of Narhi Pirhi
PACS resident of Village- Harpura, P.O- Dihuli, P.S- Dulhin Bazar,
District- Patna.
6. Shitvasant Kumar, son of Late Basudeo Prasad, Chairman of Sadaveh
Dorwan PACS, resident of Village- Durma Mathia, P.O- Sadaveh, P.S-
Dulhin Bazar, District- Patna.
7. Laldeo Yadav, son of Late Harinandan Yadav, Chairman of Rajipur
PACS, resident of Village & P.O- Rajipur, P.S- Rani Talab, Block-
Dulhin Bazar, District- Patna.
8. Dharmshila Devi, W/o Late Ramesh Kumar Singh, D/o Sri Brij
Narayan Singh, Chairman of Dhana Nisarpura PACS, resident of
Village- Dhana, Nisarpur, P.O- Kaab, P.S- Rani Talab, District- Patna.
9. Umesh Singh, son of Late Brinda Singh, Chairman of Bharatpura
PACS, resident of Village & P.O- Bharatpura, P.S- Dulhin Bazar,
District- Patna.
10. Priyavart Narayan Singh, son of Late Chandreshwari Prasad Singh,
Chairman of Sihi PACS resident of Village- Nawada, P.O- Sihi, P.S-
Dulhin Bazar, District- Patna.
11. Gajendra Dhari Singh, son of Late Chandrashekhar Dhari Singh,
Chairman of Ular Sorampur PACS, resident of Village- Ular,P.O-
Bharatpura, P.S- Dulhin Bazar, District- Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar through its Principal Secretary, Co-Operative
Department, Govt. of Bihar, Patna.
2. The Registrar, Co-Operative Societies, Bihar, Patna.
3. The District Magistrate, Patna.
4. The District Co-Operative Officer, Patna.
5. Block Development Officer, Dulhin Bazar, District- Patna.
6. The Assistant Registrar, Co- Operative Societies, Danapur Anchal,
Danapur.
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.11408 of 2014
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1. Kanchan Devi, W/o Manoj Singh, resident of village- Dabath Rohtas,
P.S.- Dabath, District- Rohtas
Patna High Court CWJC No.11745 of 2014 (5) dt.12-08-2014 2
2. Bijeshwar Rai, s/o Shiv Narayan Rai, resident Chhitni, P.O. Chatra,
P.S. Dabath, District- Rohtas.
3. Kameshwar Chobbey, s/o Late Gopal Chobbey, resident of village
Simri, P.S.- Dabath, District- Rohtas.
4. Upendra Sharma, s/o Ramchandra Singh, resident of Awarhi, P.S.-
Dabath, District- Rohtas
.... .... Petitioner/s
Versus
1. The State of Bihar through its Principal Secretary, Co-operative
Department, Govt. of Bihar, Patna.
2. The Registrar, Co-operative Society, Bihar, Patna.
3. The District Magistrate, Rohtas.
4. Block Development Officer, Dabath, Rohtas.
5. The Joint Registrar, Cooperative Societies, Patna Division, Patna.
6. The District Co-operative Officer, Rohtas.
7. The Assistant Registrar, Co-operative Societies, Rohtas.
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.7755 of 2014
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1. BIJENDRA KUMAR SINGH, Son of Kishun Bihari Singh, R/O Vill.
+ P.O. Arak, P.S. Krishna Brahmpur, District - Buxar, elected
Chairman of Arak PACS.
2. ARAK PRIMARY AGRICULTURE CREDIT CO-OPERATIVE
SOCIETY LTD (ARAK PACS), under Brahmpur Block in the District
of Buxar, through its Chairman Petitioner No.1.
.... .... Petitioner/s
Versus
1. The State of Bihar through its Principal Secretary, Co-operative
Department, Govt. of Bihar, Patna.
2. The Registrar, Co-operative Societies, Bihar, Patna.
3. District Co-operative officer, Buxar.
4. Assistant Registrar, Co-operative Societies, Dumraon Circle,
Dumraon, Distt. - Buxar.
5. Block Co-operative Extension officer, Brahmpur, District - Buxar.
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.7747 of 2014
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1. Prabhu Dutta Ojha, son of late Narad Muni Ojha, R/o Village + P.O.-
Deokuli, P.S.- Brahmpur, District- Buxar, elected Chairman of
Gahauna PACS.
2. Gahauna Primary Agriculture Credit Co-operative Society Ltd.
(Gahauna PACS), under Brahmpur Block in the district of Buxar,
through its Chairman, petitioner no.1.
.... .... Petitioner/s
Versus
1. The State of Bihar through its Principal Secretary, Co-operative
Department, Government of Bihar, Patna.
2. The Registrar, Co-operative Societies, Bihar, Patna.
3. District Co-operative Officer, Buxar.
4. Assistant Registrar, Co-operative Societies, Dumraon Circle,
Patna High Court CWJC No.11745 of 2014 (5) dt.12-08-2014 3
Dumraon, District- Buxar.
5. Block Co-operative Extention Officer, Brahmpur, District- Buxar.
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.10568 of 2014
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1. Awadhesh Prasad, Son of Late Mahesh Prasad Singh, R/o Village-
Baya, P.O- Phulhatta, P.S- Bela, District- Sitamarhi, Chairman of Baya
PACS.
2. Baya Primary Agriculture Credit Co- Operative Society Ltd ( Baya
PACS), under Parhihar Bock in the District of Sitamarhi, through its
Chairman, petitioner no.1.
.... .... Petitioner/s
Versus
1. The State of Bihar through its Principal Secretary, Co-operative
Department, Govt. of Bihar, Patna.
2. The Registrar, Co- Operative Societies, Bihar, Patna.
3. District Co- Operative Officer, Sitamarhi.
4. Assistant Registrar Co-Operative Societies, Sitamarhi Sadar, under
Parihar Block.
5. Branch Manager, the Sitamarhi Central Co- operative Bank Ltd, Parihar
Branch, District- Sitamarhi.
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.10608 of 2014
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1. Vijay Singh, S/o Late Amar Prasad Singh, R/o Village Binwalia, P.S.
Shikarpur, District W. Champaran, Bettiah, Chairman of Binwalia
PACS.
2. Binwalia Primary Agriculture Credit Co-operative Society Ltd.
(Binwalia PACS), under Narkatiyaganj Block in the District of West
Champaran, Bettiah through its Chairman, Petitioner No. 1.
.... .... Petitioner/s
Versus
1. The State of Bihar through its Principal Secretary, Co-operative
Department, Government of Bihar, Patna.
2. The Registrar, Co-operative Societies, Bihar, Patna.
3. District Co-operative Officer, West Champaran, Bettiah.
4. Incharge Block Co-operative Extension Officer, Narkatiyaganj.
5. Branch Manager, the National Central Co-operative Bank Ltd.,
Narkatiyaganj, West Champaran.
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.10923 of 2014
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1. Ashok Kumar Singh, Son of Late Dwarika Nath Singh, R/o- Vill + P.O.
+ P.S.- Aayar, Distt- Bhojpur, Arrah, Chairman of Aayar PACS.
2. Aayar Primary Agriculture Credit Co-operative Society Ltd. (Aayar
Pacs), under Jagdishpur, Block in the District of Bhojpur, through its
Chairman, Petitioner No. 1.
.... .... Petitioner/s
Patna High Court CWJC No.11745 of 2014 (5) dt.12-08-2014 4
Versus
1. The State of Bihar through its Principal Secretary, Co-operative
Department, Govt. of Bihar, Patna.
2. The Registrar, Co-operative Societies, Bihar, Patna.
3. District Co-operative Officer, Arrah.
4. Assistant Registrar, Co-operative Societies, Arrah.
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.10793 of 2014
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1. Vinod Prasad Nirala, Son of Late Rajendra Prasad Singh, R/o Vill-
Alinewra, P.O- Dawood Chapra, P.S- Minapur, Distt- Muzaffarpur,
Chairman of Alinewra PACS.
2. Alinewra Primary Agriculture Credit Co- Operative Society Ltd
(Alinewra PACS), under Minapur, Block in the District of Muzaffarpur,
through its Chairman, petitioner no.1.
.... .... Petitioner/s
Versus
1. The State of Bihar through its Principal Secretary, Co-Operative
Department, Govt. of Bihar, Patna.
2. The Registrar, Co- Operative Societies, Bihar, Patna.
3. District Co-operative Officer, Muzaffarpur.
4. Block Development Officer, Minapur, District- Muzaffarpur.
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.12442 of 2014
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1. Arun Kumar Pandey, son of late Sheo Shankar Pandey, R/o Village-
Sine, P.O.- Since, P.S.- Kanti, District- Muzaffarpur, Chairman of
Since PACS.
2. Sine Primary Agriculture Credit Co-operative Society Ltd (Since
PACS), under Kanti Block in the district of Muzaffarpur, through its
Chairman, petitioner no.1.
.... .... Petitioner/s
Versus
1. The State of Bihar, through its Principal Secretary, Co-operative
Department, Government of Bihar, Patna.
2. The Registrar, Co-operative Societies, Bihar, Patna.
3. District Co-operative Officer, Muzaffarpur.
4. Block Development Officer, Kanti, District- Muzaffarpur.
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.12448 of 2014
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1. Deepak Kumar, son of late Balram Prasad Shahi, R/o Village- Birpur,
P.O.- Birpur, P.S. Kanti, District- Muzaffarpur, Chairman of Birpur
PACS.
2. Birpur Primary Agriculture Credit Co-operative Society Ltd. (Birpur
PACS), under Kanti Block in the district of Muzaffarpur, through its
Chairman, petitioner no.1.
.... .... Petitioner/s
Patna High Court CWJC No.11745 of 2014 (5) dt.12-08-2014 5
Versus
1. The State of Bihar, through its Principal Secretary, Co-operative
Department, Government of Bihar, Patna.
2. The Registrar, Co-operative Societies, Bihar, Patna.
3. District Co-operative Officer, Muzaffarpur.
4. Block Development Officer, Kanti, District- Muzaffarpur.
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.12480 of 2014
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1. Ram Balak Singh, son of late Suraj Narayan Singh, R/o Village-
Akuraha, P.O.- Kanti, P.S.- Kanti, District- Muzaffarpur, Chairman of
Madhopur dhullam @ Dhewaha PACS.
2. Madhopur Dhullam @ Dhewaha Primary Agriculture Credit Co-
operative Society Ltd. (Dhewaha PACS), under Kanti Block in the
district of Muzaffarpur, through its Chairman, petitioner no.1.
.... .... Petitioner/s
Versus
1. The State of Bihar, through its Principal Secretary, Cooperative
Department, Government of Bihar, Patna.
2. The Registrar, Co-operative Societies, Bihar, Patna.
3. District Co-operative Officer, Muzaffarpur.
4. Block Development Officer, Kanti, District- Muzaffarpur.
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.12520 of 2014
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1. Saroj Kumar, son of Shri Ram Janam Tiwary, R/o Village- Chittarpatti,
P.O.- Haridaspur, P.S.- Kanti, District- Muzaffarpur, Chairman of
Godai Phulkaha PACS.
2. Godai Phulkaha Primary Agriculture Credit Co-operative Society Ltd.
(Godai Phulkaha PACS), under Kanti, Block in the District of
Muzaffarpur, through its Chairman, petitioner no.1.
.... .... Petitioner/s
Versus
1. The State of Bihar, through its Principal Secretary, Co-operative
Department, Government of Bihar, Patna.
2. The Registrar, Co-operative Societies, Bihar, Patna.
3. District Co-operative Officer, Muzaffarpur.
4. Block Development Officer, Kanti, District- Muzaffarpur.
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.11870 of 2014
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1. Kachnar Primary Agriculture Credit Cooperative Soicety Ltd., having
its office at Kachnar, P.S. Revilgan, Distt. Saran at Chapra through its
Chairman, Bhragu Nath Yadav (petitioner no. 2).
2. Bhrigu Nath Yadav, Chairman, S/o late Sakaldeep Yadav, resident of
village Kachnar, P.S. Revilganj, Distt. Saran.
.... .... Petitioner/s
Versus
Patna High Court CWJC No.11745 of 2014 (5) dt.12-08-2014 6
1. The State of Bihar.
2. The Bihar State Election Authority, 32 Hardinge Road, Patna through
the Chief Election Officer.
3. Shri Chandra Sekhar Kumar Singh, B.D.O., Dighwara, Distt. Saran.
4. District Cooperative Officer, Saran at Chapra.
5. Branch Manager, Bihar State Cooperative Bank, Branch Chapra, distt.
Saran.
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.11896 of 2014
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1. Deokilal Sahani, son of Late Bhola Sahani, R/o- Vill- Banghara, P.O.-
Ghosaut, P.S.- Siwapatti, Distt- Muzaffarpur, Chairman of Raghai
PACS.
2. RAGHAI PRIMARY AGRICULTURE CREDIT CO-OPERATIVE
SOCIETY LTD (RAGHAI PACS) under Minapur, Block in the District
of Muzaffarpur, through its Chairman, Petitioner no. 1.
.... .... Petitioner/s
Versus
1. The State of Bihar through its Principal Secretary, Co-operative
Department, Govt. of Bihar, Patna.
2. The Registrar, Cooperative Societies, Bihar, Patna.
3. District Co-operative Officer, Muzaffarpur.
4. Block Development Officer, Minapur, District- Muzaffarpur.
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.11893 of 2014
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1. Ram Naresh Kumar, son of Shri Mahendra Prasad, R/o- Vill-
Majhwaliya, P.O.- Brahanda, P.S.- Minapur, Distt- Muzaffarpur,
Chairman of Majhwaliya PACS.
2. MAJHWALIYA PRIMARY AGRICULTURE CREDIT CO-
OPERATIVE SOCIETY LTD (MAJHWALIYA PACS), under
Minapur, Block in the District of Muzaffarpur, through its Chairman,
Petitioner no. 1.
.... .... Petitioner/s
Versus
1. The State of Bihar through its Principal Secretary, Co-operative
Department, Govt. of Bihar, Patna
2. The Registrar, Co-operative Societies, Bihar, Patna
3. District Co-operative Officer, Muzaffarpur.
4. Block Development Officer, Minapur, District- Muzaffarpur.
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.11857 of 2014
======================================================
1. Ram Chandra Rai, son of late Aklu Rai, R/O- Vill- Bishunpur Kanth,
P.O.- Minapur, P.S.- Minapur, Distt- Muzaffarpur, Chairman of
Raghopur PACS.
2. RAGHOPUR PRIMARY AGRICULTURE CREDIT CO-
OPERATIVE SOCIETY LTD. (RAGHOPUR PACS) under
Patna High Court CWJC No.11745 of 2014 (5) dt.12-08-2014 7
Minapur,Block in the District of Muzaffarpur, through its Chairman,
Petitioner no. 1.
.... .... Petitioner/s
Versus
1. The State of Bihar through its Principal Secretary, Co-operative
Department, Govt. of Bihar, Patna.
3. The Registrar, Co-operative Societies, Bihar, Patna.
5. District Co-operative Officer, Muzaffarpur.
7. Block Development Officer, Minapur, District- Muzaffarpur
.... .... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No.11891 of 2014
======================================================
Neeraj Kumar Singh, son of Sri Shambhu Sharan Singh, Resident of
Parmanandpur, P.O. Balukaram, P.S. Vaishali, District- Vaishali.
.... .... Petitioner/s
Versus
1. The State of Bihar through its Principal Secretary, Co-operative
Department, Govt. of Bihar, Patna.
2. The Registrar, Co-operative Society, Bihar, Patna.
3. The District Magistrate, Vaishali.
4. Block Development Officer, Vaishali.
5. The Joint Registrar, Co-operative Societies, Muzaffarpur, Patna.
6. The District Co-operative Officer, Vaishali.
7. The Assistant Registrar, Co-operative Societies, Hajipur Vaishali.
.... .... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No.11186 of 2014
======================================================
Pankaj Kumar, Son of Sri Vishnu Deo Rai, At Raghunath Patti, P.O-
Balukaram, P.S- Vaishali, District- Vaishali.
.... .... Petitioner/s
Versus
1. The State of Bihar through its Principal Secretary, Co-Operative
Department, Govt. of Bihar, Patna.
2. The Registrar, Co-Operative Society, Bihar, Patna.
3. The District Magistrate, Vaishali.
4. Block Development Officer, Mahua.
5. The Joint Registrar, Co- Operative Societies, Muzaffarpur, Patna.
6. The District Co- Operative Officer, Vaishali.
7. The Assistant Registrar, Co- Operative Societies, Hajipur Vaishali.
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.4980 of 2014
======================================================
1. Shashi Bhushan Verma, Son of Late Nagendra Kishore Verma
Chairman, Fatehpur Primary Agriculture Credit Society Limited,
Fatehpur under Jogapatti Block, P.S. - Jogapatti, District- West
Champaran.
2. Fatehpur Primary Agriculture Credit Society Limited, Fatehpur under
Jogapatti Block, P.S. - Jogapatti, District - West Champaran through its
Patna High Court CWJC No.11745 of 2014 (5) dt.12-08-2014 8
Chairman Petitioner No. 1.
.... .... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Department of
Cooperation, Government of Bihar, Patna.
2. The Principal Secretary, Department of Cooperation, Government of
Bihar, Patna.
3. The Registrar Cooperative Society, Bihar, Patna.
4. The Deputy Secretary-cum-Public Sale Officer, Cooperative
Department, Government of Bihar.
5. The District Cooperative Officer-cum-Assistant Registrar, Cooperative
Societies Bettiah Anchal, West Champaran.
6. The Block Cooperative Extension Officer, Loria, District - West
Champaran.
7. The National Central Cooperative Bank, Branch - Loria, District - West
Champaran through its Manager.
8. Munni Devi, widow of Pramod Prasad Fatehpur, P.S. and Block -
Jogapatti, District - West Champaran.
.... .... Respondent/s
======================================================
Appearance :
(In CWJC No.11745 of 2014)
For the Petitioner/s : Mr. Tuhin Shankar
For the Respondent/s : Mr. Madhuresh Prasad, GP-12
(In CWJC No.11408 of 2014)
For the Petitioner/s : Mr. Shashi Kant Kumar
For the Respondent/s : Mr. Anjani Kumar, AAG-6
(In CWJC No.7755 of 2014)
For the Petitioner/s : Mr. Ishwari Singh
For the Respondent/s : Mr. Namrata Mishra, GA-13
(In CWJC No.7747 of 2014)
For the Petitioner/s : Mr. Ishwari Singh
For the Respondent/s : Mr. Nawal Kishore Singh, SC-2
(In CWJC No.10568 of 2014)
For the Petitioner/s : Mr. Ishwari Singh
For the Respondent/s : Mr. Brisketu Sharan Pandey
(In CWJC No.10608 of 2014)
For the Petitioner/s : Mr. Ishwari Singh
For the Respondent/s : Mr. Kumar Alok, SC-8
(In CWJC No.10923 of 2014)
For the Petitioner/s : Mr. Ishwari Singh
For the Respondent/s : Mr. Nadeem Seraj, GP-20
(In CWJC No.10793 of 2014)
For the Petitioner/s : Mr. Ishwari Singh
For the Respondent/s : Mr. Prabhat Kumar Singh, SC12
(In CWJC No.12442 of 2014)
For the Petitioner/s : Mr. Ishwari Singh
For the Respondent/s : Mr. Roy Shivaji Nath, AAG-3
(In CWJC No.12448 of 2014)
For the Petitioner/s : Mr. Ishwari Singh
For the Respondent/s : Mr. Abbas Haider, SC16
(In CWJC No.12480 of 2014)
For the Petitioner/s : Mr. Ishwari Singh
For the Respondent/s : Mr. Md. N. Hoda Khan, SC-18
Patna High Court CWJC No.11745 of 2014 (5) dt.12-08-2014 9
(In CWJC No.12520 of 2014)
For the Petitioner/s : Mr. Ishwari Singh
For the Respondent/s : Mr. Arvind Kumar-2, SC17
(In CWJC No.11870 of 2014)
For the Petitioner/s : Mr. Binod Kumar
For the Respondent/s : Mr. Arvind Ujjwal, SC-25
(In CWJC No.11896 of 2014)
For the Petitioner/s : Mr. Ishwari Singh
For the Respondent/s : Mr. U.S.S. Singh, GP-1
(In CWJC No.11893 of 2014)
For the Petitioner/s : Mr. Ishwari Singh
For the Respondent/s : Mr. Pandey Sanjay Sahay, SC-31
(In CWJC No.11857 of 2014)
For the Petitioner/s : Mr. Ishwari Singh
For the Respondent/s : Mr. Avinash Kumar, SC-30
(In CWJC No.11891 of 2014)
For the Petitioner/s : Mr. Shashi Kant Kumar
For the Respondent/s : Mr. Sharad Kumar Sinha, GP-15
(In CWJC No.11186 of 2014)
For the Petitioner/s : Mr. Shashi Kant Kumar
For the Respondent/s : Mr. Partha Sarthy, GA-11
(In CWJC No.4980 of 2014)
For the Petitioner/s : Mr. Shailendra Kumar Tiwary
For the Respondent/s : Mr. U.S. Sharan Singh, GP-1
======================================================
CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN
C.A.V.ORDER
5 12-08-2014Since all these writ petitions raise common issues of fact and law hence with consent of the parties they have been taken up together with a view to their final disposal at the stage of admission itself.
The petitioners in these writ petitions are Primary Agriculture Credit Co-operative Societies and/or their office bearers. A common grievance has been raised by all these petitioners questioning the power exercised by the authorities of the State Government being the Block Development Officer, the Assistant Registrar, Cooperative Societies or the District Cooperative Officer in taking steps for enrolment of members by Patna High Court CWJC No.11745 of 2014 (5) dt.12-08-2014 10 virtue of the powers vested in them under rule 7(4) of the Bihar Co-operative Societies Rules, 1959 (hereinafter referred to as 'the Rules') framed under section 66 of the Bihar and Orissa Cooperative Societies Act, 1935 (hereinafter referred to as 'the Act').
The arguments on behalf of the petitioners have been led by Mr. Tuhin Shankar, Mr. Ishwari Singh, Mr. Shashi Bhushan Verma and Mr. Sanjay Kumar and the others have adopted the arguments. The thrust of the argument of learned counsel is that the action of the State by undertaking exercise of enrolment of members is in fact an intrusion upon the independence of the cooperative societies. It is the argument of learned counsel that although these cooperative societies may be under the supervisory control of the State Government to the extent provided under 'the Act' but this power cannot be so expanded so as to interfere with the very working of the cooperative societies and their discretion as to the admission of its members.
With reference to a judgment of the Supreme Court reported in (2006)11 SCC 634 (S.S. Rana vs. Registrar, Cooperative Society) more particularly paragraph 9 thereof it was contended that the intervention by the State with the functions of the society has been clearly barred and which would Patna High Court CWJC No.11745 of 2014 (5) dt.12-08-2014 11 include the issue of membership which will be governed by the bye-laws framed under 'the Act'. Learned counsel for canvassing their point has also relied upon a recent judgment of the Supreme Court rendered in the case of Thalappalam Ser. Cooperative Bank Ltd. Vs. State of Kerala reported in 2013(4) PLJR 479 (S.C.) and with reference to paragraphs 13 and 19 of the judgment it was submitted that bureaucratic interference in the functioning of the cooperative societies has been deprecated. It is with reference to the 97th Constitutional Amendment argued that maintaining the independence of the cooperative societies is a Constitutional obligation of the State who is also obliged not to interfere with its day to day functioning.
With reference to rule 7(1) of 'the Rules' it was submitted by learned counsel that the responsibility lies with the cooperative societies to enroll its members and the State Government cannot interfere with this independence. According to learned counsel, a society has to protect its interest and also exercise discretion as to the admission by the members which cannot be usurped by an executive fiat. It is contended that the State Government by virtue of the incorporation of sub-rule (4) in rule 7 has rendered the discretion vested in the cooperative society redundant.
Patna High Court CWJC No.11745 of 2014 (5) dt.12-08-2014 12
It is further the case of the petitioners that under the garb of a membership drive the State authorities without satisfying itself as to whether or not the applicants fulfill the criteria for admission, have either admitted them and/or issued orders for their admission. Learned counsel for the petitioners contended that by a stroke of pen and on the same day hundreds of persons have been admitted as members and which act itself shows that there has been no verification as to the eligibility of such persons. It is the case of the petitioners that even if a power is vested in the authorities of the Cooperative Department as per rule 7(4) of 'the Rules', the exercise of power has to be made within the parameters described thereunder and not in excess thereof. It is thus the contention of learned counsel appearing on behalf of the petitioners in the writ petitions that the action complained of smacks of executive arbitrariness accompanied with abuse of the statutory powers.
Mr. Devendra Kumar Sinha, learned Additional Advocate General-II has led the arguments on behalf of the State. A preliminary objection was raised by Mr. Sinha to contest the issues raised. It was submitted that although the enrolment of members by the authorities of the Cooperative Department who have been vested with such powers under rule 7(4) of 'the Rules' is put to question in these proceedings but the Patna High Court CWJC No.11745 of 2014 (5) dt.12-08-2014 13 beneficiries of such enrolment have not been arraigned as respondents though any order in favour of the issue raised by the petitioners would adversely affect their interest. Learned counsel with reference to a judgment of the Supreme Court reported in 2014(3) PLJR 128 (S.C.) (Ranjan Kumar etc. etc. vs. State of Bihar) has submitted that in absence of the persons who have been enrolled as members of the different societies and which is the cause of grievance of these writ petitioners, the writ petition itself is not maintainable suffering from non-joinder of parties.
Mr. Sinha next with reference to the provisions underlying rule 7(4) of 'the Rules' submitted that overriding power vested in the authorities named in the provision, there cannot be any question on its abuse for it is within the parameters of the power vested that the exercise has been done by the respondent authorities. He further with reference to a judgment of this Court reported in AIR 1972 Patna 455 (Postal Cooperative House Construction Society Ltd. vs. The Registrar) more particularly paragraph 10 submitted that a lacuna in the procedure of admission of members even if held irregular is certainly not illegal for it is in exercise of power vested in the authority concerned. He thus submitted that since under the Rules, the Block Development Officer, the District Cooperative Officer, Assistant Registrar, Cooperative Societies Patna High Court CWJC No.11745 of 2014 (5) dt.12-08-2014 14 and the District Cooperative Officer have been vested with powers to order of membership in the circumstances discussed, the petitioners can have no cause for grievance unless they are able to show any illegality in such exercise in particular and which is absent in the present case.
I have heard learned counsel for the parties and I have perused the materials on record.
The only question that arises for consideration before this Court is that whether there is any infirmity in the exercise of power by the authority named in rule 7(4) of 'the Rules', in making enrolment and/or passing order in this regard. The answer is in negative and the reason is that the authorities named in rule 7(4) derive power from the provisions itself. There is thus no confusion that there is absolutely no lack of jurisdiction on the part of the Block Development Officer, Assistant Registrar or the District Cooperative Officer in admission of members or in passing orders for such admission. I have gone through the individual orders impugned in these writ petitions and I find that in each of these cases, orders have been passed after receiving application/declaration in this regard and which is the only pre- requisite for exercise of such power as is manifest from the provisions underlying rule 7(4) of 'the Rules'. Rule 7(4) of 'the Rules begins with a non-obstante clause and thus has an Patna High Court CWJC No.11745 of 2014 (5) dt.12-08-2014 15 overriding effect over other provisions relating to admission of members. Although Mr. Ishwari Singh endeavoured to canvass that these provisions are by way of emergency exercise but the provisions do not reflect any such pre-conditions. In fact the moment applications are received by these authorities and are accompanied with other declarations, there would be no illegality attached to the orders passed by the authorities under this provision. Since no individual case has been cited in any of the writ petitions as suffering from any infirmity, this Court in exercise of discretionary jurisdiction under Article 226 of the Constitution of India would certainly not proceed for a roving enquiry so as to examine the individual eligibility of the members so enrolled by the authorities which area is reserved for the statutory authorities vested with such powers.
The only issue that would have persuaded this Court to grant any indulgence would be any jurisdictional error committed by the statutory authorities in exercising powers under rule 7(4) but considering the fact that the orders impugned have been passed by the authorities concerned after receiving applications/declaration from the applicants as is also reflected from the orders impugned in the writ petitions, this Court would have no hesitation to hold that the exercise of enrolment by the statutory authority concerned, is not marked by any Patna High Court CWJC No.11745 of 2014 (5) dt.12-08-2014 16 jurisdictional error or manifest illegality. Whether or not individual cases of membership can be upheld is an arena reserved for the statutory authority and in view of the stipulations of section 48 of 'the Act' as well as the second Explanation-1 attached thereto, the petitioners if so advised may question the individual membership of the persons enrolled by moving the Registrar, Co-operative Societies and who shall consider and dispose of the same expeditiously and in accordance with law after giving opportunity of hearing to all the contesting parties. However, not being persuaded to interfere with the individual orders impugned in the writ petitions they are accordingly disposed of.
(Jyoti Saran, J) SKPathak/-
U