UMESH KUMAR SINGH S/O LATE RAM PRAVESH SINGH, CHAIRMAN, KATIHAR DISTRICT CENTRAL COOPERATIVE BANK LTD AND ORS ETC ETC Vs. STATE OF BIHAR THROUGH THE SECRETARY, CO-OPERATIVE DEPARTMENT, GOVERNMENT OF BIHAR; REGISTRAR, COOPERATIVE SOCIETIES; BIHAR STATE ELECTION AUTHORITY THROUGH ITS SECRETARY AND THE CHIEF ELECTION OFFICER, BIHAR STATE ELECTION AUTHORITY AND ORS ETC ETC

JUDGEMENT

(1.) Petitioners are members of various Primary Agriculture Credit Societies. They are, undoubtedly, affiliated to the District level Central Co-operative Bank, whose apex body is the State Central Co-operative Bank. They have challenged the decision of the State Election Authority to hold election of the District Level Central Co-operative Bank. The basic challenge is that so far as District Level Central Co-operative Banks are concerned, the management thereof is elected by consortium of the Primary Agriculture Credit Societies, Vyapar Mandal Cooperative Societies and Cane Grower Societies and certain other affiliated Societies.

(2.) It is pointed out that in 2008, the Bihar Co-operative Societies Act and the rules thereunder were drastically amended. Substantial changes were made to Section 14 and Section 44 of the Act. One significant change was that earlier where there were PACS at village level, at times, for more than one village by the amendment it was provided that the jurisdiction of PACS would be co-terminus to Gram Panchayat. Thus, this re-organization first has to take place.

(3.) Mr. Y.V. Giri, learned Senior Counsel for the petitioners points out that while this re-organization was done, it was found that some Gram Panchayats now fell within urbanized area of municipality though not statutorily, it is now commonly referred to as Urban Panchayat. Admittedly, so far as other PACS are concerned, steps for holding elections have been completed but so far as such urban Panchayats are concerned, elections have not yet been notified. Then it is submitted that the collegiums to elect Managing Committee of the District Central Co-operative Bank includes Vyapar Mandals. State has decided that Vyapar Mandals have to be co-terminus in their jurisdiction with the block in a district. This re-organization is yet to be accomplished . It is the Chairman of the Vyapar Mandal upon such re-constitution, which would be the voters for electing the Managing Committee of the District Central Co-operative Bank along with Chairman of the PACS.