RAMZAN ANSARI SON OF MD. YAR ANSARI, DELEGATE, BHABHUA COOPERATIVE COLD STORAGE SOCIETY LTD., BHABHUA, DISTRICT Vs. STATE OF BIHAR THROUGH THE SECRETARY TO THE GOVERNMENT OF BIHAR, COOPERATIVE DEPARTMENT, BIHAR, PATNA AND ORS. (IN 7581, 11468, 11807), STATE OF BIHAR (IN 9993, 14376), STATE OF BIHAR THE SECRETARY OF THE GOVERNMENT, DEPARTMENT OF LAW, BIHAR, PATNA (IN 13

JUDGEMENT

(1.) This group of writ petitions under Art. 226 of the Constitution are filed by the elected delegates of various Primary Agricultural Credit Cooperative Societies (hereinafter referred to as "the PACS") in the State of Bihar. The petitioners have challenged the constitutional validity of Sec. 14A (1) and 14A (2) of the Bihar Cooperative Societies Act, 1935 (hereinafter referred to as 'the Act of 1935') inserted by Sec. 5 of the Bihar Cooperative Societies (Amendment) Act, 2008 (Bihar Act 18 of 2008 published in the Official Gazette on 30th April 2008) (hereinafter referred to as 'the Act of 2008') and the Government Notification dated 1st May 2008. The petitioners have also challenged the order dated 1st May 2008 made by the respondent no.2, the Registrar, Cooperative Societies, Bihar (hereinafter referred to as the Registrar').

(2.) 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.

(3.) The State of Bihar has, with a view to providing a common mechanism and procedure for holding elections of the managing committees of the cooperative societies and elected representatives of the bodies and institutions managed by the elected bodies, established the State Election Authority under the Bihar State Election Authority Act, 2008 (Bihar Act 14 of 2008 published in the Official Gazette on 23rd April 2008) (hereinafter referred to as "the Act 14 of 2008"). The Election Authority is constituted under Sec. 3 of the said Act. Sec. 4 of the said Act confers the power, authority and jurisdiction of superintendence, direction and control of the preparation of electoral rolls and for conduct of elections to such bodies as Cooperative Societies, Shiksha Samiti or any other institution, organization, establishment, which may be entrusted to it by the State Government. Sec. 5 of the said Act provides for administrative machinery for conduct of election.