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The matter at dispute is the election of the Governing Body of the Bihar State Cooperative Marketing Union Limited (hereinafter referred to as „the BISCOMAUN‟), a Cooperative Society registered under the Bihar Cooperative Societies Act, 1935. The BISCOMAUN is the apex Cooperative Society of which the district level Marketing Societies and the Panchayat level Primary Agricultural Credit Societies (PACS) are the members. Pursuant to the report of the Baidyanathan Committee, with a view to reviving the short term cooperative credit structure, the State of Bihar has, under the Act of 2008, made certain amendments to the Act of 1935. The impugned section 14A is part of that amendment.

In exercise of power conferred by the aforesaid Section 14A (1) of the Act of 1935 read with the Act 14 of 2008, the State Government, under impugned Notification dated 1st May 2008, brought seven societies including the PACS, the Marketing Societies and the BISCOMAUN within the purview of the State Election Authority constituted under the aforesaid Bihar State Election Authority Act, 2008. The said Notification was published in the Government gazette on 7th May 2008.

Under the prevailing Bye-laws, election of the governing body of the BISCOMAUN is held from amongst the delegates elected by the constituent district level Marketing Cooperative Societies and the PACS. The delegates elected by the aforesaid district level Marketing Cooperative Societies (Marketing Societies) and the PACS elect from amongst themselves the members of the governing body and the Managing Director of the BISCOMAUN. The term of the existing governing body of the BISCOMAUN was about to expire on 24 th May 2008. In the wake of completion of the term of the existing governing body, the Registrar, Co-operative Societies, Bihar under his order dated 3rd March 2008 declared election programme for election of the delegates of the Marketing Societies and the PACS and the election of the governing body of the BISCOMAUN. The election of the delegates of the PACS was completed on 12 th April 2008 as scheduled. The petitioners are those delegates who were elected by the respective PACS on 12th April 2008. Before the date of filing 11 / 28 nominations for election to the governing body of the BISCOMAUN on 12th May 2008, the Act of 1935 was amended by the Act of 2008. In view of Section 14A inserted by the Act of 2008 and the Government Notification dated 1st May 2008, the PACS and the BISCOMAUN having been brought within the purview of the State Election Authority, the Registrar, by order dated 1st May 2008, stayed the election process for election of the governing body of the BISCOMAUN. Feeling aggrieved the petitioners have filed the present writ petitions to challenge constitutional validity of Section 14A of the Act of 1935 and the Notification dated 1st May 2008 and also to challenge the order dated 1st May 2008 made by the Registrar.

Learned counsel Mr. Y.V. Giri has appeared for the 14 / 28 petitioners. He has submitted that the impugned Notification bringing the BISCOMAUN within the purview of the Election Authority is vitiated by malafide. He has submitted that the Act of 2008 was enacted on 18th April 2008 and was published in the official gazette of the State Government on 30th April 2008. The said Act, therefore, became effective on 30th April 2008. Immediately on 1st May 2008 the impugned Notification was issued under Section 14A of the Act of 1935 bringing the BISCOMAUN within the purview of the State Election Authority. The intention to nullify the election of the writ petitioners as the delegates of the respective PACS is writ large in the conduct of the State Government.