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Documents citing Indradeo Prasad & Ors vs The State Of Bihar & Ors on 17 August, 2015

Narendra Singh @ Narendra Prasad Singh vs The State Of Bihar on 10 January, 2023

9. Mr. Yogendra Mishra, learned senior counsel appearing for respondents no. 5 to 8 submitted that the entire case of the petitioner is misconceived. He submitted that as per law, especially Section 14(1) of the Act, the total number of members of the Board in the Bank is 15 and that is the number which has to be taken into account for determining whether the situation had arisen for taking action by the Registrar under Section 41(5) of the Act. Further, it was submitted that Section 41(5) can be independently invoked irrespective of Section 41(1) and, thus, there was no requirement for obtaining prior concurrence of the Reserve Bank of India. Moreover, it was submitted that once the respondents no. 5 to 8 have themselves appeared before the Registrar, no further proof was required with regard to them having tendered their resignation voluntarily and the same was also required to be acted upon, but because, in the eyes of law, the Board did not exist, the Registrar was forced to take such decision and pass the order impugned, which cannot be faulted. In this context, learned counsel relied upon the decision in Vinay Kumra Patna High Court CWJC No.15746 of 2022 dt.10-01-2023 9/16 vs. State of Bihar, 2016(3) PLJR 160, for the proposition that the moment the vacancy in the Board is more than 50%, dissolution is automatic and there is no legal or formal requirement of dissolving the same. It was submitted that the aforesaid decision of the learned Single Judge has also been affirmed by the Division Bench in Indradeo Prasad vs. State of Bihar, 2016(4) PLJR 903.
Patna High Court Cites 9 - Cited by 0 - A Amanullah - Full Document

Daroga Sahni & Ors vs The State Of Bihar & Ors on 13 September, 2017

7. Having considered the matter, the Court finds that the exercise of power under Section 41(1)(iv) of the Act by the District Cooperative Officer is erroneous as the conditions precedent for invoking such power are not satisfied in the present case. The resignation of the petitioners can in no way be construed to be a stalemate in the constitution or functioning of the Board. Rather, it was a straight forward case for exercise of power under Section 41(5)(b) of the Act and dissolve the Managing Committee. The view of the Court is fortified by decision of the Division Bench of this Court in the case of Indradeo Prasad (supra) to which I was a party. Accordingly, the order impugned dated 29.08.2015 passed by the respondent no. 3 is set aside. The Managing Committee of the Society in question stands dissolved. The State Election Authority is directed to hold election of the office bearers of the Managing Committee of the Society in question expeditiously. It is further held Patna High Court CWJC No.16746 of 2015 dt.13-09-2017 5/5 that the petitioners shall be entitled to contest the election, if otherwise not unsuited.
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Raghuvansh Singh & Ors vs The State Of Bihar & Ors on 22 November, 2016

Learned counsel for the petitioners referred to a Division Bench order of this Court in the case of Indradeo Prasad & Ors. vs. The State of Bihar & Ors. in L.P.A. No. 2029 of 2015 dated 11.11.2016, by which it has been held that when the majority of the members of the Managing Committee resign, the same is liable to be superseded under Section 41(5) of the Bihar Co-operative Societies Act, 1935.
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