Patna High Court
Anil Kumar Singh vs The State Of Bihar on 27 August, 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
======================================================
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 Village
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
======================================================
with
Civil Writ Jurisdiction Case No. 10210 of 2019
======================================================
Anil Kumar Singh S/o Rana Umakant Singh, resident of Vill.- Kanakbigha,
P.s.- Tharthari, Distt.- Nalanda
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Co-
operative, Bihar, patna
Patna High Court CWJC No.14396 of 2019 dt.27-08-2019
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2. The Principal Secretary Department of Co-operative, Bihar, Patna
3. The Registrar Co-operative Societies, Bihar, Patna
4. The District Co-operative Officer Naland at Biharshaif
5. The Assistant Registrar Co-operative Societies, Hilsa, Nalanda
6. The Block Co-operative Extension Officer Tharthari, Hilsa, Nalanda
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 11381 of 2019
======================================================
Uday Shankar Kumar Son of Rajendra Singh Resident of Village- Nimi,
Police Station- Shekhopursarai, District- Sheikhpura.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Co-
operative, Bihar, Patna.
2. The Principal Secretary Department of Co- operative, Bihar, Patna.
3. The Registrar Co operative Societies, Bihar, Patna.
4. The District Co operative Officer Sheikhpura.
5. The Assistant Registrar Co operative Societies, Sheikhpura.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 11735 of 2019
======================================================
1. Smt. Bibha Devi W/o Dandari Mandal Resident of Village- Gandhipur,
Barairpur, P.S.- Bariarpur, District- Munger.
2. Smt. Gita Devi W/o Krishna Kumar Resident of Village Asha Tola,
Bariarpur, P.S.- Bariarpur, District- Munger.
3. Smt. Kavita Devi W/o Nirdhan Mandal Resident of Gandhipur, Bariarpur,
P.S.- Bariarpur, District- Munger.
4. Smt. Sarita Devi W/o Bahadur Mandal Resident of Gandhipur, Bariarpur,
P.S.- Bariarpur, District- Munger.
5. Smt. Sunita Devi W/o Hardeo Mandal Resident of Gandhipur, Bariapur,
P.S.- Bariapur, District- Munger.
All are the Members of the Bihar Mahila Sewa Bachat Ewam Sakh
Swablambi Sahkari Samiti Ltd. Munger.
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Registrar, Co-operative Societies, Bihar, Patna.
Patna High Court CWJC No.14396 of 2019 dt.27-08-2019
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3. The Chief Election Officer, Bihar State Election Authority, Patna.
4. The District Magistrate, Munger cum the Election Officer of the Bihar
Mahila Sewa Bachat Ewam Sakh Swablambi Sahkari Samiti Ltd. Munger.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 14399 of 2019
======================================================
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
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
======================================================
with
Civil Writ Jurisdiction Case No. 14401 of 2019
======================================================
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
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
Patna High Court CWJC No.14396 of 2019 dt.27-08-2019
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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
======================================================
with
Civil Writ Jurisdiction Case No. 14402 of 2019
======================================================
1. Ajay Singh Son of Late Bhopal Singh Resident of Village- Siur, P.S. Roh,
District- Nawadah, the Chairman of Siur PACS.
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
Patna High Court CWJC No.14396 of 2019 dt.27-08-2019
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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
======================================================
with
Civil Writ Jurisdiction Case No. 14403 of 2019
======================================================
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
======================================================
with
Civil Writ Jurisdiction Case No. 14442 of 2019
======================================================
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-
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 Secretary
Patna High Court CWJC No.14396 of 2019 dt.27-08-2019
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... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 14571 of 2019
======================================================
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
======================================================
with
Civil Writ Jurisdiction Case No. 14591 of 2019
======================================================
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
Patna High Court CWJC No.14396 of 2019 dt.27-08-2019
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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
======================================================
with
Civil Writ Jurisdiction Case No. 14651 of 2019
======================================================
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
======================================================
with
Civil Writ Jurisdiction Case No. 14689 of 2019
======================================================
1. Pawan Kumar son of Tapeshwar Singh resident of Village- Barah, Police
Station- Bikram, District- Patna- Chairman of Barah PACS.
2. Ishwari Prasad Singh son of Chitranjan Singh resident of Village- Danara,
Police Station- Bikram, District- Patna- Chairman of Danara Katari PACS.
3. Sudarshan Singh son of Parshuram Singh resident of Village- Raghopur,
Police Station- Ranitalab Kanpa, District- Patna- Chairman of Patut PACS.
4. Suba Singh son of Chhotu Singh resident of Village- Amawan, Police
Station- Bikram, District- Patna- Chairman of Mahajpura PACS.
5. Mukund Narayan son of Suresh Sharma resident of Village- Datiyana, Police
Station- Bikram, District- Patna- Chairman of Datiyana PACS.
6. Ajit Kumar Singh son of Lalbabu Singh resident of Village- Baghakol,
Police Station- Bikram, District- Patna- Chairman of Nagahar PACS.
7. Saroj Kumar son of Upendra Kumar Dubey resident of Village- Padiyawan,
Police Station- Bikram, District- Patna- Chairman of Wajirpur Padiyawan
PACS.
8. Ritesh Kumar son of Mithlesh Kumar Singh resident of Village- Maner
Patna High Court CWJC No.14396 of 2019 dt.27-08-2019
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Telpa, Police Station- Bikram, District- Patna- Chairman of Maner Telpa
PACS.
9. Satyendra Singh son of Late Shivdhar Singh resident of Village- Gorakhari,
Police Station- Bikram, District- Patna- Chairman of Gorakhari PACS.
10. Utpalkant Ganesh Kumar son of Lakshmikant Singh resident of Village-
Shivgarh, Police Station- Bikram, District- Patna- Chairman of Moriyawan
Shivgarh PACS.
11. Sudarshan Prasad son of Ramchandra Yadav resident of Village- Saidabad,
Police Station- Ranitalab Kanpa, District- Patna- Chairman of Saidabad
Kanpa PACS.
12. Lalbabu Singh son of Sri Mahanand Singh resident of Village- Katari, Police
Station- Ranitalab Kanpa, District- Patna- Chairman of Bighaur Berar Katari
PACS.
13. Kamlesh Singh son of Harinandan Singh resident of Village- Gopalpur,
Police Station- Rani Talab Kanpa, District- Patna- Chairman of Haibaspur
Gona PACS.
14. Rakesh Kumar son of Sri Dinesh Singh resident of Village- Aspura, Police
Station- Bikram, District- Patna- Chairman of Gangachak Telpa PACS.
15. Archit Kumar son of Late Arun Kumar Singh resident of Village-
Akhtiyarpur, Police Station- Bikram, District- Patna- Chairman of
Akhtiyarpur 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, Cooperative Societies, Bihar, Patna.
4. The Divisional Joint Registrar, Cooperative Societies, Bihar, Patna.
5. The District Magistrate-cum- District Election Officer (Cooperative
Societies), Patna.
6. The Deputy Development Commissioner-cum- Nodal Officer (PACS
Election), Patna.
7. The District Cooperative Officer, Patna.
8. The Block Cooperative Officer, Bikram, Patna.
9. The Block Development Officer-cum- Election Officer (Cooperative
Societies), Bikram, Patna.
10. Bihar State Election Authority through its Chief Election Officer, 32,
Harding Road, Patna.
11. The Joint Secretary, Bihar State Election Authority, 32, Harding Road,
Patna.
... ... Respondent/s
======================================================
Patna High Court CWJC No.14396 of 2019 dt.27-08-2019
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with
Civil Writ Jurisdiction Case No. 14731 of 2019
======================================================
1. Parma Primary Agriculture Credit Cooperative Society Ltd. (PACS) at
Sandokhra P.O. Bhadhokhara, Block- Nardiganj, District- Nawada through
its Chairman Yogendra Prasad.
2. Yogendra Prasad son of Late Karoo Prasad Yadav Resident of Village-
Sandokhra, P.O.- Bhadhokhara, P.S. Nardiganj, District- Nawada, Chairman
Parma PACS.
... ... 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 Officer, Nawada.
6. Bihar State Election Authority, Patna through its Joint Secretary.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 14752 of 2019
======================================================
1. Maharani Bhopat Panchayat Primary Agriculture Credit Cooperative Society
Ltd. having registration office, at Maharani Bhopat, P.O.- Ashok Pakri,
District- Motihari through its Chairman Rakesh Kumar.
2. Rakesh Kumar S/o Harivansh Thakur Village- Barwa Kanth Chapra Post-
Ashok Pakri, District- Motihari.
... ... 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 Officer, East Champaran.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 14828 of 2019
Patna High Court CWJC No.14396 of 2019 dt.27-08-2019
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======================================================
1. Kamta Panchayat Primary Agriculture Credit Society Ltd. having
registration Office, at Kamta, P.O. Kamta Block and P.S. Hilsa, District-
Nalanda through its Chairman Ravindra Singh
2. Ravindra Singh, Son of late Bhola singh, Resident of Village and Post-
Kamta, P.S. Hilsa, 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-
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 officer, Nalanda.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 14858 of 2019
======================================================
1. Mahanand Sahni Son of Late Manohar Sahni, resident of Village- Shivaghat,
P.S.- Gopalpur, District- West Champaran, the Chairman of Uttari Ghogha
PACS Prakhand Chanpatia.
2. Pankaj Kumar, Son of Vipin Bihari Mandal, resident of Village and P.O. and
P.S.- Kanhauli, District- Sitamarhi, the Chairman Kanhauli 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 Depuyt Registrar (Cane) Cooperative Societies, Bihar, Patna.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 14867 of 2019
======================================================
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.
Patna High Court CWJC No.14396 of 2019 dt.27-08-2019
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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
======================================================
with
Civil Writ Jurisdiction Case No. 14868 of 2019
======================================================
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
======================================================
with
Civil Writ Jurisdiction Case No. 14894 of 2019
======================================================
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
======================================================
with
Civil Writ Jurisdiction Case No. 15149 of 2019
======================================================
1. Farinda Singh, Son of Late Yadav Prasad Singh, Resident of Village- Chand
Sarai, Police Station- Jandaha, District- Hajipur at Vaishali.
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2. Ram Kumar Rai, Son of Late Ishwar Rai, Resident of Village- Chak Hassan,
Police Station- Jandaha, District- Hajipur at Vaishali.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Co-
operation, Bihar, Patna.
2. The Principal Secretary, Department of Co-operation, Bihar, Patna.
3. The Registrar, Cooperative Societies, Bihar, Patna.
4. The District Cooperative Officer, Hajipur at Vaishali.
5. The Assistant Registrar, Cooperative Socities, Hajipur at Vaishali.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 15155 of 2019
======================================================
1. Bela Primary Agriculture Co Operative Society Ltd. (PACCS), at Kushi PO
Karma Bhagwan,Block Aurangabad Dist.Aurangabad through its Chairman
Sheo Pujan Kumar
2. Sheopujan Kumar S/o Suresh Mehta Resident of Village Bela,PO
Aurangabad,PS Aurangabad (Mufassil), Dist.Aurangabad,Chairman Bela
PACCS
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary,Cooperative
Department,Govt. of Bihar,Patna
2. The Additional Chief Secretary cum Principal Secretary Department of Co-
op0erative,Bihar,Patna
3. The Registrar, Co-operative Society, Bihar,Patna
4. The Deputy Registrar, Co-operative Society, Bihar,Patna
5. The District Co-operative Officer, Aurangabad
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 15372 of 2019
======================================================
1. Dadhpa Primary Agriculture Credit Cooperative Society Ltd. (PACCS), at
Dadhpa, P.O. Amba, Block- Kutumba, District- Aurangabad, through its
Chairman Ashok Kumar Singh
2. Ashok Kumar Singh, Son of Sri Ramashish Singh, Resident of Village-
Rasoiya, P.O. Kutumba, P.S. Kutumba, District- Aurangabad, Chairman
Dadhpa PACCS.
Patna High Court CWJC No.14396 of 2019 dt.27-08-2019
13/47
... ... 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 Officer, Aurangabad.
6. The Bihar Staten Election Authority, Patna through its Joint Secretary
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 15383 of 2019
======================================================
1. Ram Singh Chhatauni Primary Agriculture Credit Cooperative Society Ltd.
(PACCS), at Patpariya PO Rupdih,Dist.east Champaran through its
Chairman Ashok Pathak.
2. Ashok Pathak S/o Late Kapildeo Pathak, Resident of Village Patpariya,PO
Rupdih,PS Motihari Mufasil,Dist.East Champaran,Chairman Chhatauni
PACCS
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary,Cooperative
Department,Govt. 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 Officer, East Champaran
6. Bihar State Election Authority,Patna t4hrough its Joint Secretary
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 15524 of 2019
======================================================
1. Patharhat Panchayat Primary Agriculture Credit Cooperative Society Pvt.
Ltd. Credit Co-operative Society Pvt. Ltd., through Adhyaksh, Niranjan
Kumar, son of Late Kameshwar Prasad Singh, Village and P.O.- Patharhat,
P.S.- Dhanarua, District- Patna.
2. Niranjan Kumar son of late Kameshwar Prasad Singh Village and P.O.-
Patharhat, P.S. Dhanarua, District- Patna.
Patna High Court CWJC No.14396 of 2019 dt.27-08-2019
14/47
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of
Cooperation, Government of Bihar, Patna.
2. The Registrar, Cooperative Society, Bihar, Patna.
3. The District Co-operative Officer, Patna.
4. The Assistant Registrar, Masaurhi Anchal, Masaurhi, P.S.- Masaurhi,
District- Patna.
5. The Block Cooperative Extension Officer, Dhanarua Block, Masaurhi,
Patna.
6. The Bihar State Election Authority, through its Secretary, 32, Harding Road,
Patna.
7. Bihar State Cooperative Bank, through its Managing Director, Ashok Raj
Path, Patna.
8. Patliputra Central Co-operative Bank, through its Branch Manager,
Dhanarua Branch, Dhanarua, P.S.- Dhanarua, District- Patna.
9. Sharda Devi wife of Sri Rohan Singh Yadav resident of Village and P.O.-
Patharhat, P.S.- Dhanarua, District- Patna.
10. Manoj Kumar Chaudhary son of late Harihar Chaudhary resident of Village
and P.O.- Patharhat, P.S.- Dhanarua, District- Patna.
11. Mahendra Paswan son of Sri Gorelal Paswan resident of Village and P.O.-
Patharhat, P.S.- Dhanarua, District- Patna.
12. Nawal Chauhan son of Sri Chhathu Chauhan resident of Village and P.O.-
Patharhat, P.S.- Dhanarua, District- Patna.
13. Renu Devi wife of Sri Chhotan Kumar resident of Village and P.O.-
Patharhat, P.S.- Dhanarua, District- Patna.
14. Indomati Devi wife of Sri Mahendra Paswan resident of Village and P.O.-
Patharhat, P.S.- Dhanarua, District- Patna.
15. Ramsakal Singh son of late Ramdeo Prasad resident of Village and P.O.-
Patharhat, P.S.- Dhanarua, District- Patna.
16. Rahul Kumar son of Sri Mahendra Paswan resident of Village and P.O.-
Patharhat, P.S.- Dhanarua, District- Patna.
17. Rekha Devi wife of Sri Ravindra Yadav resident of Village and P.O.-
Patharhat, P.S.- Dhanarua, District- Patna.
18. Alok Kumar son of Sri Rajendra Prasad resident of Village and P.O.-
Patharhat, P.S.- Dhanarua, District- Patna.
19. Rudal Kumar son of Sri Chandeshwar Prasad Yadav resident of Village and
P.O.- Patharhat, P.S.- Dhanarua, District- Patna.
20. Dhananjay Kumar son of Sri Awadhesh Prasad resident of Village and P.O.-
Patharhat, P.S.- Dhanarua, District- Patna.
21. Dhananjay Kumar son of Sri Anuj Prasad resident of Village and P.O.-
Patharhat, P.S.- Dhanarua, District- Patna.
Patna High Court CWJC No.14396 of 2019 dt.27-08-2019
15/47
22. Satyam son of Sri Ashok Prasad Yadav resident of Village and P.O.-
Patharhat, P.S.- Dhanarua, District- Patna.
23. Rohit Kumar Akela son of Sri Rohan Singh Yadav resident of Village and
P.O.- Patharhat, P.S.- Dhanarua, District- Patna.
24. Ravindra Kumar son of Sri Sukhdev Prasad resident of Village and P.O.-
Patharhat, P.S.- Dhanarua, District- Patna.
25. Sanjay Kumar son of Rambabu Prasad resident of Village and P.O.-
Patharhat, P.S.- Dhanarua, District- Patna.
26. Ravindra Kumar son of late Prakash Yadav resident of Village and P.O.-
Patharhat, P.S.- Dhanarua, District- Patna.
27. Navin Kumar son of Sri Ramsakal Singh resident of Village and P.O.-
Patharhat, P.S.- Dhanarua, District- Patna.
28. Ishri Prasad son of Sri Bhagwan Yadav resident of Village and P.O.-
Patharhat, P.S.- Dhanarua, District- Patna.
29. Guriya Devi wife of Sri Rohit Kumar Akela resident of Village and P.O.-
Patharhat, P.S.- Dhanarua, District- Patna.
30. Sikandar Prasad son of Shyamlal Prasad resident of Village and P.O.-
Patharhat, P.S.- Dhanarua, District- Patna.
31. Kashmir Kumar son of Sri Dharamvir Prasad resident of Village and P.O.-
Patharhat, P.S.- Dhanarua, District- Patna.
32. Dharamvir Singh son of Sri Shivbalam Prasad resident of Village and P.O.-
Patharhat, P.S.- Dhanarua, District- Patna.
33. Indu Devi wife of Sri Dharmvir Prasad resident of Village and P.O.-
Patharhat, P.S.- Dhanarua, District- Patna.
34. Mantush Kumar son of Sri Dharamvir Singh resident of Village and P.O.-
Patharhat, P.S.- Dhanarua, District- Patna.
35. Sujay Kumar son of Sri Ramashish Yadav resident of Village and P.O.-
Patharhat, P.S.- Dhanarua, District- Patna.
36. Ganesh Kumar son of late Gopal Prasad resident of Village and P.O.-
Patharhat, P.S.- Dhanarua, District- Patna.
37. Birendra Ram son of Sri Binda Ram resident of Village and P.O.- Patharhat,
P.S.- Dhanarua, District- Patna.
38. Om Prakash Verma son of Sri Dwarika Mahto resident of Village and P.O.-
Patharhat, P.S.- Dhanarua, District- Patna.
39. Balgovind Prasad son of Sri Chandradip Yadav resident of Village and P.O.-
Patharhat, P.S.- Dhanarua, District- Patna.
40. Rakesh Kumar son of Sri Balgovind Prasad resident of Village and P.O.-
Patharhat, P.S.- Dhanarua, District- Patna.
41. Sangita Devi wife of Sri Dharmendra Ram resident of Village and P.O.-
Patharhat, P.S.- Dhanarua, District- Patna.
42. Ram Bhawan Yadav son of Sri Yadu Yadav resident of Village and P.O.-
Patharhat, P.S.- Dhanarua, District- Patna.
43. Sanjay Kumar son of Sri Ramanand Prasad resident of Village and P.O.-
Patna High Court CWJC No.14396 of 2019 dt.27-08-2019
16/47
Patharhat, P.S.- Dhanarua, District- Patna.
44. Santosh Prasad son of Sri Devta Prasad resident of Village and P.O.-
Patharhat, P.S.- Dhanarua, District- Patna.
45. Baleshwar Prasad son of Sri Chandradip Prasad resident of Village and P.O.-
Patharhat, P.S.- Dhanarua, District- Patna.
46. Amarjit Paswan son of Sri Rampravesh Paswan resident of Village and P.O.-
Patharhat, P.S.- Dhanarua, District- Patna.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 15534 of 2019
======================================================
Smt. Usha Singh @ Smt. Usha Devi Wife of Chandra Bhushan Sharma
Resident of Village- Koil Bhupat, Police Station- Mehandia, District- Arwal.
... ... 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 Cooperative Societies, Bihar, Patna.
4. The Divisional Joint Registrar Cooperative Societies, Bihar, Patna.
5. The District Magistrate-cum- District Election Officer (Cooperative
Societies), Arwal.
6. The Deputy Development Commissioner-cum- Nodal Officer (PACS
Election), Arwal.
7. The District Cooperative Officer Arwal.
8. The Block Cooperative Officer Kaler, Arwal.
9. The Block Development Officer-cum- Election Officer (Cooperative
Societies), Kaler, Arwal.
10. Bihar State Election Authority Through its Chief Election Officer, 32,
Harding Road, Patna.
11. The Joint Secretary Bihar State Election Authority, 32, Harding Road, Patna.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 16044 of 2019
======================================================
1. Vijay Kumar Chaudhary S/o Late Hajarilal Chaudhary Resident of Village
Semra Hat,P.S. Turkaulia,Dist.E.Champaran
2. Suresh Prasad Yadav S/o Ram Ekwal Rai Resident of Village Gokhula,P.S.
Banjaria,Dist.E.Champaran
3. Sarfe Alam S/o Abdul Wasir, Resident of Village Jatwa,PS.
Patna High Court CWJC No.14396 of 2019 dt.27-08-2019
17/47
Banjaria,Dist.E.Champaran
4. Jai Prakash Narayan Gupta Son of Late Bijli Prasad, Resident of Village
Amwan,P.S. Banjaria,Dist.E.Champaran
5. Hari Shankar Prasad S/o Birsa Prasad Resident of Village Chailahan,P.S.
Banjaria,Dist.E.Champaran
6. Md. Arif, S/o Md. Israil Resident of Village Mohammadpur,P.S.
Banjaria,Dist.E.Champaran
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary,Department of Co-
operation,Bihar,Patna
2. The Principal Secretary, Department of Co-operation,Bihar,Patna
3. The Registrar, Cooperative Societies,Bihar,Patna
4. The District Cooperative Officer, East Champaran at Motihari
5. The Assistant Registrar,Cooperative Societies, E.Champaran at Motihari
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 16182 of 2019
======================================================
1. Ajit Kumar Singh S/o Lalbabu Singh Vill.- Baghakol, P.s.- Bikram, Distt.-
Patna Chairman of Nagahar PACs
2. Suba Singh S/o Chhotu Singh Vill.- Amawan, P.s.- Bikram, Distt.- Patna
Chairman of Mahajpura PACs
3. Pawan Singh S/o Tapeshwar Singh Vill.- Barah, P.s.- Bikram, Distt.- Patna
Chairman of Barah 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 Cooperative Societies, Bihar, Patna
4. The Divisional Joint Registrar Cooperative Societies, Bihar, Patna
5. The District Magistrate-cum-District Election Officer (Cooperative
Societies), Patna
6. The Deputy Development Commissioner-cum-Nodal Officer (PACS
Election), Patna
7. The District Cooperative Officer Patna
8. The Block Cooperative Officer Bikram, Patna
9. The Block Development Officer-cum-Election Officer (Cooperative
Societies), Bikram, Patna
Patna High Court CWJC No.14396 of 2019 dt.27-08-2019
18/47
10. Bihar State Election Authority through its Chief Election Officer, 32,
Harding Road, Patna
11. The Joint Secretary Bihar State Election Authority, 32, Harding Road, patna
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 17155 of 2019
======================================================
1. Ram Pravesh Singh S/o Late Nageshwar Singh R/o SDFO Kishunpur, P.O.
Balaur, P.S. Balaur, District Muzaffarpur. Also Chairman of Kishunpur Blaur
Primary Agriculture Cooperative Credit Society.
2. Ram Naresh Singh S/o Late Ramprikshan Singh R/o Pax Godown, P.O. and
P.S.- Chhajan Harishankar, District Muzaffarpur. Also elected Chairman of
Chhajan Harishankar Purvi Primary Agriculture Cooperative Credit Society.
3. Bipin Kumar S/o Late Harihar Nath Singh R/o SDFO NGO P.O. Jamin
Kamtaul, P.S. Ananat Kamtaul, District Muzaffarpur Also elected
Chanirman of Kishunpur Mohini Primary Agriculture Cooperative Credit
Society.
4. Raj Kumar Ram S/o Luxmi Rai R/o Vill and P.O. Gavsara, Near Mahavir
Asthan, P.S. Jarhua, District Muzaffarpur. Also elected Chairman of
Kishunpur Madhuban Primary Agriculure Cooperative Credit Society.
5. Ajay Kumar S/o Sri Shyam Nandan Rai R/o Vill Shakri P.S. and P.O.
Saraiya District Muzaffarpur also Elected Chairman of Sakri Saraiya
Primary Agriculture Cooperative Credit Society.
6. Siyaram Sahni S/o Jang Bahadur Sahni R/o Vill and P.O. and P.S. Sudhaul
Asli District Mujafarpur. Also Chairman of Amrakh Primary Agriculture
Cooperative Credit Society.
7. Rajeshwar Tiwary S/o Late Umakant Tiwary R/o Vill and P.O. Balaur Dih,
P.S. Kudhani, District Muzaffarpur.
... ... 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. Joint Registrar, Co-operative Society, Muzaffarpur.
5. District Co-operative Officer, Muzaffarpur.
6. Block Co-operative Extension Officer, Kudhani, Muzaffarpur.
... ... Respondent/s
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 14396 of 2019)
For the Petitioner/s : Mr.Bindhyachal Rai
Patna High Court CWJC No.14396 of 2019 dt.27-08-2019
19/47
For the State : Mr.Syed Iqbal Ahmad ( SC20 )
For the Election Authority: Mr. Lalit Kishore, Sr.Adv.
(In Civil Writ Jurisdiction Case No. 10210 of 2019)
For the Petitioner/s : Mr.Sanjay Kumar
For the Respondent/s : Mr.Manoj Kr. Ambastha (Sc26)
(In Civil Writ Jurisdiction Case No. 11381 of 2019)
For the Petitioner/s : Mr.Sanjay Kumar
For the Respondent/s : Mr.Chitranjan Sinha (Paag2)
(In Civil Writ Jurisdiction Case No. 11735 of 2019)
For the Petitioner/s : Mr.Chandra Bhushan Das
For the Respondent/s : Mr.Raj Ballabh Pd. Yadav (Aag11)
(In Civil Writ Jurisdiction Case No. 14399 of 2019)
For the Petitioner/s : Mr. Sandeep Kumar, Adv.
For the State : Dr. Shobha Choubey, AC to GP-19
For the Election Authority: Mr. Mukesh Kumar, Adv.
For the Intervenor : Mr. Pushkar Narain Shahi, Sr.Adv.
Mr. Sanjeet Kumar Singh, Adv.
(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. 14402 of 2019)
For the Petitioner/s : Mr.Mukesh Kumar
For the Respondent/s : Mr.Amit Prakash (Ga13)
(In Civil Writ Jurisdiction Case No. 14403 of 2019)
For the Petitioner/s : Mr.Mukesh Kumar
For the Respondent/s : Mr.Sushil Kumar (Gp22)
(In Civil Writ Jurisdiction Case No. 14442 of 2019)
For the Petitioner/s : Mr.Bindhyachal Rai
For the State : Mr.Dr. Shobha Choubey, AC to GP-19
For the Intervenor : Mr. Talib Mustafa, Adv.
Mr. Ashhar Mustafa, Adv.
Mr.Zaki Haider, Adv.
(In Civil Writ Jurisdiction Case No. 14571 of 2019)
For the Petitioner/s : Mr.Rakesh Kumar Jha
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.Mukesh Kumar
For the Respondent/s : Mr.Manoj Kumar Ambastha ( Sc26 )
(In Civil Writ Jurisdiction Case No. 14689 of 2019)
For the Petitioner/s : Mr.Manish Kumar No2
For the Respondent/s : Mr.Sushil Kumar (Gp22)
(In Civil Writ Jurisdiction Case No. 14731 of 2019)
For the Petitioner/s : Mr.Bindhyachal Rai
For the Respondent/s : Mr.Raj Ballabh Pd. Yadav (Aag11)
(In Civil Writ Jurisdiction Case No. 14752 of 2019)
For the Petitioner/s : Mr.Bindhyachal Rai
For the Respondent/s : Mr.Uday Shankar Sharan Singh (Gp19)
(In Civil Writ Jurisdiction Case No. 14828 of 2019)
For the Petitioner/s : Mr.Bindhyachal Rai
Patna High Court CWJC No.14396 of 2019 dt.27-08-2019
20/47
For the Respondent/s : Mr.Manoj Kumar Ambasta ( Sc26 )
(In Civil Writ Jurisdiction Case No. 14858 of 2019)
For the Petitioner/s : Mr.Mukesh Kumar
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
For the Respondent/s : Mr.Sushil Kumar (Gp22)
(In Civil Writ Jurisdiction Case No. 14868 of 2019)
For the Petitioner/s : Mr.Shashi Kant Kumar
For the Respondent/s : Mr.Raj Ballabh Pd. Yadav (Aag11)
(In Civil Writ Jurisdiction Case No. 14894 of 2019)
For the Petitioner/s : Mr.Shashi Kant Kumar
For the Respondent/s : Mr.Uday Shankar Sharan Singh (Gp19)
(In Civil Writ Jurisdiction Case No. 15149 of 2019)
For the Petitioner/s : Mr.Sanjay Kumar
For the Respondent/s : Mr.Syed Iqbal Ahmad (Sc20)
(In Civil Writ Jurisdiction Case No. 15155 of 2019)
For the Petitioner/s : Mr.Bindhyachal Rai
For the Respondent/s : Mr.Amit Prakash (Ga13)
(In Civil Writ Jurisdiction Case No. 15372 of 2019)
For the Petitioner/s : Mr.Bindhyachal Rai
For the Respondent/s : Mr.Syed Eqbal Ahmad (Sc20)
(In Civil Writ Jurisdiction Case No. 15383 of 2019)
For the Petitioner/s : Mr.Bindhyachal Rai
For the Respondent/s : Mr.Chitranja Sinha ( Paag 2 )
(In Civil Writ Jurisdiction Case No. 15524 of 2019)
For the Petitioner/s : Mr.Mukesh Kumar
For the Respondent/s : Mr.Manoj Kr. Ambastha (Sc26)
(In Civil Writ Jurisdiction Case No. 15534 of 2019)
For the Petitioner/s : Mr.Manish Kumar No2
For the Respondent/s : Mr.Chitranjan Sinha (Paag2)
(In Civil Writ Jurisdiction Case No. 16044 of 2019)
For the Petitioner/s : Mr.Sanjay Kumar
For the Respondent/s : Mr.Syed Iqbal Ahmad (Sc20)
(In Civil Writ Jurisdiction Case No. 16182 of 2019)
For the Petitioner/s : Mr.Manish Kumar No2
For the Respondent/s : Mr.Raj Ballabh Pd. Yadav (Aag11)
(In Civil Writ Jurisdiction Case No. 17155 of 2019)
For the Petitioner/s : Mr.Shashi Kant Kumar
For the Respondent/s : Mr.Amit Prakash (Ga13)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL JUDGMENT
Date : 27-08-2019
This batch of writ applications have been heard
together with consent of learned Senior Counsel for the
petitioners as also learned Advocate General and learned Senior
Patna High Court CWJC No.14396 of 2019 dt.27-08-2019
21/47
Counsel representing the respondents. All these matters are
being disposed off by this common judgement.
Petitioners in all these writ applications are primarily
aggrieved by and dissatisfied with the second part of the order
as contained in Memo No. 6349 dated 05.07.2019 issued under
the signature of the Deputy Registrar (Cane), Co-operative
Societies, Bihar Patna. Memo No. 6349 dated 05.07.2019
(Annexure '2' to C.W.J.C. No. 14396 of 2019) which has been
taken as a lead case. On the last date when these matters were
taken for consideration, after noticing the submissions of
learned Senior Counsel for the petitioners as also learned
counsel representing the respondents this Court took note of
their respective submissions and taking a prima-facie view
passed an interim order directing the respondents to maintain
status quo as on the date (30.07.2019) on which the order was
passed. In order to appreciate the controversies it would be
appropriate to reproduce the order dated 30.07.2019 as under:-
"These 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 Patna High Court CWJC No.14396 of 2019 dt.27-08-2019 22/47 order by which in exercise of his self-claimed 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 applicants who could not get declared 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 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 '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 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 Patna High Court CWJC No.14396 of 2019 dt.27-08-2019 23/47 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 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 received declared 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 criteria to a statute must act within the four corners of a statute. In this case since the Registrar, Co-operative Societies has not been conferred with any power to declare an applicant member of the society automatically, it is submitted that the second part of the impugned order is liable to be held bad in law and be accordingly quashed.
Patna High Court CWJC No.14396 of 2019 dt.27-08-2019 24/47 Although in this case no counter affidavit has been filed but in CWJC No. 14399/2019 a counter affidavit has been filed on behalf of respondent no. 1, 2 & 3 sworn by the Assistant Registrar, Co-operative Societies. All that has been said with regard to the powers of the Registrar to issue such orders as have been issued in the present case, this court finds that in paragraph '19' of the counter affidavit following statements have been made:
"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 list, this Court wanted to know as to whether any 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 Patna High Court CWJC No.14396 of 2019 dt.27-08-2019 25/47 query made by this Court yesterday, in the mid night a notification bearing no. 118 dated 29th May, 2019 has been uploaded by the Bihar State Election Authority notifying the election of the societies. The schedule, however, provided, therein 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 as on the voter list taking the cut off date of membership as on 30th 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 of the last part of the impugned order as contained in Annexure '2' to the writ application.
Mr. Mukesh Kumar, learned counsel appearing on behalf of the Bihar State Election Authority submits that earlier a 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 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:
Patna High Court CWJC No.14396 of 2019 dt.27-08-2019 26/47
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 grant a receipt for it, the applicant may submit his application to the Block
2. Subs by idid
1.Subs. By letter No. 14/Legal 51/89&2829 dated 2.9.89 Patna High Court CWJC No.14396 of 2019 dt.27-08-2019 27/47 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,
2.Ins by Notifn.No. 7340 dated 26.11.2008 Patna High Court CWJC No.14396 of 2019 dt.27-08-2019 28/47
(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." 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 make a declaration in the nature it has been done ini 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 Patna High Court CWJC No.14396 of 2019 dt.27-08-2019 29/47 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. 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 open and the voter list is yet to be finalized, the hurried notification sensing the observation of this Court would come in the way of the Court exercising its power under Article 226 of the Constitution of India to direct the respondents to maintain the status quo as on today.
List accordingly."
During pendency of the writ applications a counter affidavit has been filed on behalf of the respondent no. 7 in Patna High Court CWJC No.14396 of 2019 dt.27-08-2019 30/47 C.W.J.C. No. 14396 of 2019. The main contesting respondents i.e. Respondent Nos. 1, 2 and 3 have filed a counter affidavit and supplementary counter affidavit in C.W.J.C. No. 14399 of 2019 (Piraunta Primary Agriculture Credit Cooperative Society Ltd. (PACS) Vs. The State of Bihar), therefore, the stand of Respondent Nos. 1, 2 and 3 are reflected in their counter affidavit available in C.W.J.C. No. 14399 of 2019.
In some of the writ applications, Intervention Applications have also been filed. The proposed Intervenors are the persons who are interested in contesting the writ applications. This Court had occasion to record a prima-facie view on the request of the proposed Intervenors, yesterday and what have been found by this Court are recorded in the order dated 26.08.2019. Today once again learned Senior Counsel Chitranjan Sinha and Mr. P.N. Sahi together with the learned Advocates on record representing the proposed Intervenors have made submissions in their respective cases seeking to allow the proposed Intervention. In course of submissions, however, learned Senior Counsel for the proposed Intervenors could not demonstrate as to how their interest is involved in the present batch of cases. Further as the argument progressed and the stand of learned Advocate General were put-forth before this Court, it Patna High Court CWJC No.14396 of 2019 dt.27-08-2019 31/47 became all the more clear that the proposed Intervention Application is not required to be allowed. Finding that what have been noticed by this Court in its order dated 26.08.2019 have not been contested and no other independent reason has been shown to allow the Intervention Applications, those are hereby rejected.
Now coming to the contentions of learned Senior Counsel representing the petitioners as also learned counsel who have argued in other writ applications, this Court finds that apart from reiterating their submissions as recorded in the order dated 30.07.2019 they have further extended their arguments on the strength of some judicial pronouncements making a submission that in the present case the impugned order has been passed at the instance of Registrar though issued under the signature of the Deputy Registrar (Cane) without there being any authority vested in the Registrar to pass such order.
Their contention is that the Registrar, Co-operative Societies being creature of the Statute must act within the four-
corners of the Statute. It is submitted that so far as the issue of membership of the PACS is concerned, Rule 7 extensively provides the procedures required to be followed for admitting a person to the membership of the PACS and if the Statute and the Patna High Court CWJC No.14396 of 2019 dt.27-08-2019 32/47 Rule framed thereunder provide a thing to be done in a particular manner, there is no reason as to why the Registrar, Co-operative Societies would take upon himself/herself a power not vested in him/her. It is submitted that in this case what has been done is that the Registrar, Co-operative Societies has usurped a power not vested in him/her by the Statute and in the process has taken away the powers conferred upon the Managing Committee of the PACS to consider an application for admission of a member to the PACS. It is submitted that the impugned action if allowed to exist would result in rendering the entire Rule 7 of the Rules of 1959 redundant in the eye of law. Learned Senior Counsel has relied upon a judgment of Hon'ble Apex Court in the case of Dipak Babaria & Anr. Vs. State of Gujarat & Ors. reported in (2014)3 SCC 502 with special emphasis on Paragraph 61 and 64 of the judgment.
Paragraph 61 and 64 are, thus, quoted hereunder for a ready reference :-
"61. It is well settled that where the statute provides for a thing to be done in a particular manner, then it has to be done in that manner and in no other manner. This proposition of law laid down in Taylor Vs. Taylor (1875) 1 Ch D 426,431 was first adopted by the Judicial Committee in Nazir Ahmed Vs. King Emperor reported in AIR 1936 PC 253 and then followed by a bench of three Judges of this Court in Rao Shiv Bahadur Singh Vs. State of Vindhya Pradesh reported Patna High Court CWJC No.14396 of 2019 dt.27-08-2019 33/47 in AIR 1954 SC 322. This proposition was further explained in paragraph 8 of State of U.P. Vs. Singhara Singh by a bench of three Judges reported in AIR 1964 SC 358 in the following words:-
"8. The rule adopted in Taylor v. Taylor is well recognised and is founded on sound principle. Its result is that if a statute has conferred a power to do an act and has laid down the method in which that power has to be exercised, it necessarily prohibits the doing of the act in any other manner than that which has been prescribed. The principle behind the rule is that if this were not so, the statutory provision might as well not have been enacted...." This proposition has been later on reiterated in Chandra Kishore Jha Vs. Mahavir Prasad reported in 1999 (8) SCC 266, Dhananjaya Reddy Vs. State of Karnataka reported in 2001 (4) SCC 9 and Gujarat Urja Vikas Nigam Limited vs. Essar Power Limited reported in 2008 (4) SCC 755.
* * * *
64.That apart it has to be examined whether the Government had given sufficient reasons for the order it passed, at the time of passing such order. The Government must defend its action on the basis of the order that it has passed, and it cannot improve its stand by filing subsequent affidavits as laid down by this Court long back in Commissioner of Police, Bombay vs. Gordhandas Bhanji reported in AIR 1952 SC 16 in the following words:-
"Public orders, publicly made, in exercise of a statutory authority cannot be construed in the light of explanations subsequently given by the officer making the order of what he meant, or of what was in his mind, or what he intended to do.
Public orders made by public authorities are meant to have public effect and are intended to affect the actings and conduct of those to whom they are Patna High Court CWJC No.14396 of 2019 dt.27-08-2019 34/47 addressed and must be construed objectively with reference to the language used in the order itself." This proposition has been quoted with approval in paragraph 8 by a Constitution Bench in Mohinder Singh Gill vs. Chief Election Commissioner reported in 1978 (1) SCC 405 wherein Krishna Iyer, J. has stated as follows:- "8. The second equally relevant matter is that when a statutory functionary makes an order based on certain grounds, its validity must be judged by the reasons so mentioned and cannot be supplemented by fresh reasons in the shape of affidavit or otherwise. Otherwise, an order bad in the beginning may, by the time it comes to court on account of a challenge, get validated by additional grounds later brought out."
Further learned senior counsel has relied upon another judgment of the Hon'ble Supreme Court in the case of Thalappal Service Cooperative Bank Limited & Ors. Vs. State of Kerala & Ors. reported in (2013) 16 SCC 82. Paragraph 20, 21, 22 and 23 on which reliance has been placed are as under:-
"20. Societies are, of course, subject to the control of the statutory authorities like Registrar, Joint Registrar, the Government, etc. but cannot be said that the State exercises any direct or indirect control over the affairs of the society which is deep and all pervasive. Supervisory or general regulation under the statute over the co-operative societies, which are body corporate does not render activities of the body so regulated as subject to such control of the State so as to bring it within the meaning of the "State" or instrumentality of the State. Above principle has been approved by this Court in S.S. Rana Patna High Court CWJC No.14396 of 2019 dt.27-08-2019 35/47 v. Registrar, Coop. Societies (2006) 11 SCC
634. In that case this Court was dealing with the maintainability of the writ petition against the Kangra Central Co- operative Society Bank Limited, a society registered under the provisions of the Himachal Pradesh Co-operative Societies Act, 1968. After examining various provisions of the H.P. Co- operative Societies Act this Court held as follows:
"9. It is not in dispute that the Society has not been constituted under an Act. Its functions like any other cooperative society are mainly regulated in terms of the provisions of the Act, except as provided in the bye-laws of the Society. The State has no say in the functions of the Society. Membership, acquisition of shares and all other matters are governed by the bye-laws framed under the Act. The terms and conditions of an officer of the cooperative society, indisputably, are governed by the Rules. Rule 56, to which reference has been made by Mr Vijay Kumar, does not contain any provision in terms whereof any legal right as such is conferred upon an officer of the Society.
10. It has not been shown before us that the State exercises any direct or indirect control over the affairs of the Society for deep and pervasive control. The State furthermore is not the majority shareholder. The State has the power only to nominate one Director. It cannot, thus, be said that the State exercises any functional control over the affairs of the Society in the sense that the majority Directors are nominated by the State. For arriving at the conclusion that the State has a deep and pervasive control over the Society, several other relevant questions are required to be considered, namely, (1) How was the Society created? (2) Whether it enjoys any monopoly character? (3) Do the functions of the Society partake to statutory functions or public functions? and (4) Can it be characterised as public authority?
11. Respondent 2, the Society does not answer any of the aforementioned tests. In Patna High Court CWJC No.14396 of 2019 dt.27-08-2019 36/47 the case of a non-statutory society, the control thereover would mean that the same satisfies the tests laid down by this Court in Ajay Hasia v. Khalid Mujib Sehravardi. [See Zoroastrian Coop. Housing Society Ltd. v. Distt. Registrar, Coop. Societies (Urban).]
12. It is well settled that general regulations under an Act, like the Companies Act or the Cooperative Societies Act, would not render the activities of a company or a society as subject to control of the State. Such control in terms of the provisions of the Act are meant to ensure proper functioning of the society and the State or statutory authorities would have nothing to do with its day-to-day functions."
21. We have, on facts, found that the Co-operative Societies, with which we are concerned in these appeals, will not fall within the expression "State" or "instrumentalities of the State" within the meaning of Article 12 of the Constitution and hence not subject to all constitutional limitations as enshrined in Part III of the Constitution. We may, however, come across situations where a body or organization though not a State or instrumentality of the State, may still satisfy the definition of public authority within the meaning of Section 2(h) of the Act, an aspect which we may discuss in the later part of this Judgment.
Constitutional provisions and Co- operative autonomy:
22. The rights of the citizens to form co-operative societies voluntarily, is now raised to the level of a fundamental right and State shall endeavour to promote their autonomous functioning. The Parliament, with a view to enhance public faith in the co-operative institutions and to insulate them to avoidable political or bureaucratic Patna High Court CWJC No.14396 of 2019 dt.27-08-2019 37/47 interference brought in Constitutional (97th Amendment) Act, 2011, which received the assent of the President on 12.01.2012, notified in the Gazette of India on 13.01.2012 and came into force on 15.02.2012. The Constitutional amendment has been effected to encourage economic activities of co-operatives which in turn help progress of rural India. Societies are expected not only to ensure autonomous and democratic functioning of co-operatives, but also accountability of the management to the members and other share stake- holders.
23. Article 19 protects certain rights regarding freedom of speech. By virtue of above amendment under Article 19(1)(c) the words "co-
operative societies" are added. Article 19(1)(c) reads as under:
"19(1)(c) - All citizens shall have the right to form associations or unions or co-operative societies".
"19. Protection of certain rights regarding freedom of speech, etc.-
(1) All citizens shall have the right-
* * *
(c) to form associations or unions or cooperative societies."
Article 19(1)(c), therefore, guarantees the freedom to form an association, unions and co- operative societies. Right to form a co-operative society is, therefore, raised to the level of a fundamental right, guaranteed under the Constitution of India."
Learned senior counsel has then submitted with reference to Article 243ZI of the Constitution of India that the Patna High Court CWJC No.14396 of 2019 dt.27-08-2019 38/47 said Article was introduced by the 97th Constitutional Amendment in order to provide for making a law with respect to the incorporation, regulation and winding up of the cooperative societies based on the principles of voluntary formation, democratic member control, member-economic participation and autonomous functioning. This was simultaneously brought in the Constitution of India with Article 43-B which provides for promotion of the cooperative societies. It is submitted that what is being done is that very democratic system provided under Rule 7 of the Rules of 1959 whereunder a society has been conferred with the power to consider an application for membership is being taken away. In order to support his argument, learned senior counsel has relied upon the judgment of the Hon'ble Supreme Court in the case of S.S. Rana Vs. Registrar, Coop. Societies & Anr. reported in (2006) 11 SCC 634 and Harender Narain Banker Vs. The State of Bihar & Ors.
reported in 1985 PLJR 1078 HC (paragraph 13 and 14).
Mr. Sandip Kumar, learned counsel who has argued the matter in CWJC No.14399 of 2019 has taken this Court through some of the pleadings particularly the statements made in his rejoinder wherein attention of this Court has been drawn towards various paragraphs particular paragraph VI which reads Patna High Court CWJC No.14396 of 2019 dt.27-08-2019 39/47 as under:-
"Huge instances are available in the case of on- line application that one or few persons became nominee for all applicants in PACS although the person shown as nominee is not legal heir of applicant. The person recommending the form is himself not the member of the said PACS. Applications are in the name of dead persons, outsider and existing members. There is a case that even the forms have not been forwarded to the society or forwarded but dead line of 15 days not lapsed. But, now in terms of the impugned order all became member and their membership fee have been deposited by the State Cooperative Bank at the direction of the Government. For example, in the case of the deponent, the society itself enrolled 400 new members who applied before the society. Under the on-line scheme, 172 forms were forwarded, out of which 8 were admitted and remaining 164 were rejected on different grounds and decision to this effect was communicated. The Block Co-operative Extension Officer or the Assistant Registrar Co- operative Societies, as per knowledge of the deponent not differed with the finding of the society. But now in terms of the impugned order, all 164 persons whose case was rejected became members. Even, an additional 35 names have been added whose application forms have never been served to the society."
Learned counsel has thus submitted that he has provided some example to support his submissions that if the impugned order is allowed to exist it will render the provisions of the Rules of 1959 redundant in the eye of law. He has placed before this Court the procedures prescribed by the Registrar, Patna High Court CWJC No.14396 of 2019 dt.27-08-2019 40/47 Cooperative Societies in memo no.8017 dated 21.09.2016 for purpose of admission of a person to the membership of the PACS. The relevant part of the guideline as contained in Annexure-1 to CWJC No.14396 of 2019 are reproduced hereunder:-
^^iSDlksa ds lnL;rk gsrq vkWuykbZu (Online) vkosnu dh izfØ;k %& iSDlksa esa lnL;rk izkIr djus gsrq Rofjr dkjZokbZ rFkk ikjnf"kZr ds n`f'Vdks.k ls foHkkx ,d software fodflr fd;k x;k gSA bl software dk iz;ksx dj bPNqd O;fDr iSDl dh lnL;rk vkosnu online dj ldrs gSAa iz;ksx ds rkSj ij izkjaHk esa oS"kkyh ftyk esa ykyxat iz[kaM ,ao ukyank ftyk ds uqjljk; iz[kaM esa bls fdz;kfUor fd;k tk jgk gSa] ftls "kh?kz gh lHkh iz[kaMks esa fdz;kfUro fd;k tk;sxkA bl software ds ek/;e ls bPNqd O;fDr fuEu izfdz;k dk ikyu dj iSDl dk lnL;rk izkIr dj ldrs gSa %& iSDlksa esa vkWuykbZu lnL; cuus gsrq izfdz;k %& A. vkWuykbZu vkosnu djus gsrq vkosnd ds ikl oS| igpku i=] voklh; izek.k&i=] Lo;a dk gLrk{kj rFkk vuq"kalk djus okys nks lnL;ksa dk gLrk{kj dk LdSu dkWih (50 KB ls de) gksuk vko";d gSA B. fdlh iSDl dk lnL; cuus ds fy, vkosnd dks bl software ij loZizFke fuca/ku djkuk vfuok;Z gksxkA blds fy, fuEu izfdz;k viuk;h tk;sxhA 1- vkosnd loZizFke http://mobapp.bin- nic.in/EPACS Member/login aspzx ij tkdj New Registration ij fDyd djsaxsA 2- New Registration ij fDyd djus ls eksckbZy ij fcUnqokj ?kks'k.kk&i= iznf"kZr gksxk ftls Select dj Next cVu ij fDyd fd;k tk,xkA 3- Next cVu ij fDyd djrs gq, flLVe ij fuca/ku izi= iznf"kZr gksxk ftls vkosnd }kjk iwjh oS| lwpuk ds lkFk Hkjrs gq, Register cVu fDyd fd;k tk,xkA 4- Register cVu fDyd gksrs gh vkosnd ij ,d user id ,oa Password vkoafVr gksxkA ;g user id ,oa Password vkosnd ds eksckbZy ij Hkh lEizsf'kr gks tk,xkA vkosnd bldk Print Hkh fudky ldrk gS 5- mijksDr izfdz;k viukrs gq, vkosnd Click here to continue cVu ij Click djsxkA iSDl esa vkWuykbZu lnL; cukus gsrq fuEu izfdz;k viuk;h tk,xh %& 1- vkosnd vkoafVr user id ,oa Password rFkk iznf"kZr dksM Mkydj Login ij Click djsxksA 2- eksckbZy ij psd fyLV ds lkFk ikap pj.kksa esa iSDl dh lnL;rk gsrq vkosnd i= iznf"kZr gksxk A vkosnd dks iznf"kZr funsZ"k ds vuqlkj vkosnu izi= Hkjk tk,xk rFkk viuk Patna High Court CWJC No.14396 of 2019 dt.27-08-2019 41/47 QksVks gLrk{kj rFkk oS| izek.k&i=ksa dh LdSu dkWih Upload djrs gq, Submit cVu ij Click djsaxkA 3- vkosnd iw.kZ :i ls Hkjs vkosnu rFkk ?kks'k.kk i= dk fizaV fudky dj viuk gLrk{kj djsxs ,oa lacaf/kr dk;kZy; esa tek djsaxsA 4- vkosnd )kjk lefiZr vkWuykbZu vkosnu i= lacaf/kr ARCS/BCEO ds ek/;e ls iSDl dks gLrkarfjr fd;k tk,xkA 5- iSDl ds )kjk vkosnu oS| gksus ij vkosnd dks cSad esa izos"k "kqYd rFkk "ks;j "kqYd tek djus ds fy;s SMS )kjk lwfpr fd;k tk,xkA 6- iSDl ds )kjk vkosnu ij dksbZ dkjZokbZ ugha fd;s tkus ij vkosnu dks lacaf/kr BCEO dks tkap ds fy;s vf/kd`r fd;k tk,xkA 7- BCEO )kjk tkapksijkr vkosnu oS| ik;s tkus dh fLFkfr esa vkosnd dh cSad esa iSlk tek djus gsrq SMS ) kjk lwfpr fd;k tk,xkA vxj BCEO )kjk tkap esa vkosnu cS| ugh ik;k x;k gS rks ,slh fLFkfr esa dkj.k lfgr lwpuk ARCS dks tkap ds fy;s laizsf'kr djsxk rFkk bldh lwpuk SMS )kjk vkosnd dks nsxkA 8- ARCS ds )kjk vkosnd oS| gksus ij vkosnd dks cSad esa iSlk tek djus ds fy, SMS }kjk lwfpr fd;k tk,xkA vxj vkosnu oS| ugh i;k x;k rks dkj.k lfgr vkosnd dks lwfpr fd;k tk,xkA 9- PACS/ARCS/BCEO )kjk vkosnu dh tkap esa oS| ik;s tkus ij vkosnd )kjk cSad esa iSlk tek dj ikorh dks SCAN dj upload fd;k tk,xkA bl izdkj vkosnd lacaf/kr iSDl dk lnL; cu tk,xkA izpkj&izlkj loZizFke ;g vko";d gS fd iSDlksa ds izca/k lfefr ds in/kkjkdksa izca/k lfefr ds lnL;ksa ,oa lgdkfjrk foHkkx ds inkf/kdkfj;ksa )kjk iapk;r vuqe.My ,oa ftyk Lrj ij O;kid izpkj&izlkj fd;k tk;A izpkj izlkj gsrq fuEu izfdz;k,W viuk;h tk; %& 1- le;≤ ij iz[kaM ls jkT; Lrj rd lgdkfjrk lEesyuksa dk vk;kstu fd;k tk; ftlesa LFkkuh; tuizfrfuf/k;ksa fo"ks'kdj ftys ds izHkkjh ea=h ,oa LFkkuh; lkaln] fo/kk;d ,oa vU; tuizfrfuf/k;ksa dks Hkh vkeafr= fd;k tk;A 2- iz[kaM ls ftyk Lrj rd gksfMZaXl iksLVj ,oa cSuj yxk;s tk;saA 3- [email protected] vkfn ds forj.k dh O;oLFkk djk;h tk;sA 4- txg&txg ij uqDdM+ ukVdksa dk vk;kstu fd;k tk;A 5- jsfM;ksa ,oa Vh-oh- ds ek/;e ls izpkj&izlkj djk;k tk;A 6- nSfud lekpkj i=ksa esa foKkiu izdk"ku dh O;oLFkk dh tk;A izlkj & izlkj gsrq [email protected]@gksfMZaXl@lnL;rk gsrq vko";d vkosnu&i=] jlhn&cgh vkfn miyC/k djkus dh ftEesokjh lacaf/kr ftyk lgdkfjrk inkf/kdkjh dh gksaxhA blds fy, mUgsa vko";d jkf"k foHkkx }kjk myC/k djk;h tk;sxhA vuqJo.k ,oa dk;Zuou lkFk gh bu lcksa ds vfrfjDr iSDl ds izca/k lfefr Patna High Court CWJC No.14396 of 2019 dt.27-08-2019 42/47 ds in/kkjdksa izca/k lfefr lnL;ksa ,oa lgdkfjr foHkkx ds inkf/kdkfj;ksa dk ;g nkf;Ro gksxk fd oSls bPNqd O;fDr tks lfefr ds lnL; gksus dh ik=rk j[krs gks vkSj lEcaf/kr iSDl esa lnL;rk gsrq vkosnu fd;k gks] mUgsa vko";d :i ls ml iSDl dh lnL;rk iznku dh tk;A lFk gh {ks= esa inLFkkfir lgdkfjrk inkf/kdkjh dk Hkh ;g dRrZO; gksxk fd le;≤ ij {ks= esa Hkze.k dj oSls O;fDr;ksa dks tks vc rd fdlh dkj.ko"k iSDl dk lnL; ugha cu lds mUgsa lnL; cuus ds fy, izsfjr djsa lkFk gh tks lnL; cuus ds bPNqd gks] mUgsa vf/kfu;e ,oa fu;ekoyh dh tkudkfj;ksa ls gj laHko voxr djk;h tk;A fo"ks'kdj] efgykvksa dks lnL; cuus ds fy, mRizsfjr fd;k tk;A blds vfrfjDr budk ;g Hkh nkf;Ro gksxk fd iSDl esa lnL;rk gsrq izkIr vkosnuksa dks ladfyr dj bldh lwph ojh; inkf/kdkfj;ksa dks izsf'kr djsxs vuqeaMy ls ize.My Lrj rd inLFkkfir lgdkfjrk foHkkx ds inkf/kdkfj;ksa dk ;g nkf;Ro gksxk fd le;≤ ij bldk leh{kk fd;k tk;] rkfd iapk;r Lrj ij xfBr iSDlksa esa "kr izfr"kr ifjokjksa dh Hkkxhnkjh lqfuf"pr gks ldsA** It is submitted that now the department is not following even its own guidelines and the procedures. On all these grounds, learned senior counsel for the petitioners and learned counsel representing the petitioners in other writ applications have prayed for setting aside the second part of the memo no.6349 dated 05.07.2019.
Mr. Lalit Kishore, learned Advocate General assisted by Mr. Mukesh Kumar learned counsel on record appears on behalf of the State respondents as well as the Bihar State Election Authority. Learned Advocate General has made a submission before this Court that the impugned order has been passed by the Registrar, Cooperative Societies in larger public interest. Referring to sub-rule (4) of Rule 7 of the Rules of 1959, learned Advocate General offered a submission that Sub-Rule (4) of Rule 7 makes the intention of the Legislatures clear Patna High Court CWJC No.14396 of 2019 dt.27-08-2019 43/47 inasmuch as apart from the mode provided under Sub-Rule (1) of Rule 7, the Legislatures in their wisdom thought it just and proper to confer powers upon the Block Development Officer/Assistant Registrar, Cooperative Societies or District Cooperative Officer to consider an application for membership in the given circumstance an order that the applicant shall be made a member of the society.
In course of argument, this Court called upon the learned Advocate General to make a submission as to whether the impugned order may be saved only by saying that it has been passed in larger public interest, if it is evident from the materials available on the record that the said order has been passed without following the procedures prescribed under Rule 7 of the Rules of 1959 and by an authority not vested with power to issue such order. Further the query was as to what is in the larger public interest, to abide by the Rule of law is a larger public interest or to do something de hors to the Rules of 1959 saying that the object sought to be achieved is pious so it is a larger public interest, therefore, it should be saved. In all fairness, learned Advocate General immediately submitted that to abide by the 'Rule of law' is in the larger public interest.
At this stage, when this Court called upon the learned Patna High Court CWJC No.14396 of 2019 dt.27-08-2019 44/47 Advocate General to demonstrate from the provisions of the Bihar Co-operative Societies Act, 1935 read with Rules of 1959, the source of power to the Registrar, Co-operative Societies whereunder the impugned order could have been passed by giving a complete go-bye to the Rules, the learned Advocate General in a very unambiguous terms accepted the legal position and submitted that so far as the statutory power is concerned, he would admit that under the scheme of the Act and the Rules framed thereunder, the Registrar, Co-operative Societies is not vested with any such power whereunder a declaration in the nature of the second part of the impugned order could have been made.
The moment learned Advocate General accepted the legal position that no such power is vested with the Registrar, this Court called for a suggestion as to how to resolve this issue now. In view of what has transpired in further submissions, this Court comes to a conclusion that there is no dispute that the Registrar, Co-operative Societies could not have issued a declaration in the nature it has been done vide second part of the impugned order as contained in Annexure '2' to the lead writ application. In order to take note of the second part of the impugned order the entire Annexure- Patna High Court CWJC No.14396 of 2019 dt.27-08-2019 45/47 '2' is extracted hereunder for a ready reference:-
"funs"kkuqlkj iSDlksa dh lnL;rk gsrq vkWuykbZu vkosnu izkIr fd;k x;k gSA oSls lHkh vkosnu tks iSDlksa ds ikl 15 fnuksa ls vf/kd le; ls yafcr gS] fcgkj lgdkjh lkslkbZVh fu;ekoyh] 1959 ds fu;e 7¼1½ ds rgr Lor% lkslkbZVh ds lnL; gks pqds gSAa oSls lnL;rk ;ksX; vkosnd ftudks fcgkj lgdkjh lkslkbZVh fu;ekoyh] 1959 ds fu;e 7¼1½ ds rgr Lor% lnL;rk ugha izkIr gqbZ gS] fcgkj lgdkjh lkslkbZVh vf/kfu;e] 1935 dh /kkjk&44 d&Fk ¼6½ ,oa rr~lacaf/kr fu;ekoyh ds rgr lnL; ?kksf'kr fd;k tkrk gSA lacaf/kr ftyk lgdkfjrk inkf/kdkjh dks vkns"k fn;k tkrk gS fd Lor% lnL;rk izkIr ,oa lnL; ?kksf'kr vkosndksa dh lwph vfoyEc lgdkjh cSad@iSDlksa dks miyC/k djkuk lqfuf"pr djsaA ;g rr~dky izHkko ls ykxw gksxkA** The second part of the impugned order shown in bold letters above is thus, wholly without jurisdiction and is liable to be set aside. Accordingly, the second part by which a general declaration has been made by the Registrar, Cooperative Societies in the guise of exercise of power under Section 44AQ (6) of the Act and the Rules framed thereunder is hereby set aside.
This Court would hasten to add that at this stage some grievance were also raised with regard to the first part of the order contained in memo no. 6349 dated 05.07.2019, however, very soon learned counsel for the petitioners as well as learned Advocate General gave up the discussions on the first part finding that the same is only in accordance with the provisions of law and it applies to the applications which were already pending with the PACS and in respect of which no decision was taken within the statutory period of fifteen days. Patna High Court CWJC No.14396 of 2019 dt.27-08-2019 46/47 It has been agreed at the Bar both by learned counsel for the petitioners as well as the learned Advocate General that in the given circumstance now it would only be just and proper to give three weeks time for submission of fresh applications by the eligible applicants for the membership of PACS of the Gram Panchayat in which he is residing. urther within the same period of three weeks i.e. upto 17.09.2019 all such applications which have already been submitted online and the hard copies with the signature of the applicants and other informations have been submitted in the office of the State respondents shall be transmitted to the concerned PACS for consideration.
After three weeks from today i.e. from 18.09.2019, the Managing Committee of the PACS shall consider and take a decision on all the fresh applications and the online applications which are already submitted and will be transmitted to the PACS, within the prescribed period. Fifteen days statutory time will be available to the PACS to take a decision and issue communication of the same to the individual applicant by post with a copy of the intimation letter to be submitted with the Block Co-operative Extension Officer of the concerned Block simultaneously and in any case within two Patna High Court CWJC No.14396 of 2019 dt.27-08-2019 47/47 days from the date of taking of the decision by the Managing Committee of the PACS. The individual applicant may thereafter, seek their remedy in accordance with law. If the PACS fails to take a decision within the statutory period of 15 days, the consequences as contained in Rule 7 (1) (e) shall follow.
After expiry of the statutory period of 15 days available to the PACS for taking a decision on the applications as stated above, the State Election Authority shall proceed to notify the programme for preparation of the voter list and finalization of the same, whereupon the steps for publication of the schedule of Election shall be taken and notified.
All the writ applications are thus disposed off with the aforesaid observations and directions.
(Rajeev Ranjan Prasad, J) arvind/-
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