RAM KUMAR MUKHIYA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner, State and respondent nos. 9 and 10.

(2.) In compliance of the direction vide order dated 28.6.2011, a counter affidavit has been filed on behalf of respondent no. 3, i.e. the Principal Secretary, Co-operative Department, Bihar, Patna, wherein it has been stated that the State Election Commission has been requested to complete the election of the concerned block Level Fisherman Cooperative Societies till October 2011. A copy of such order dated 12.7.2011 has been appended as Annexure-A to the counter affidavit.

(3.) The grievance of the petitioner is that the order, as contained in Memo No.2378 dated 13.5.2011 (Annexure-13), has been passed by the Joint Registrar, Co- operative Societies, Bihar, Patna, setting aside the earlier order dated 21.2.2011 passed by the Joint Registrar, Co-operative Societies, Darbhanga Division on the ground that the said order has been passed without giving opportunity of hearing to the concerned parties. Even in this writ application, a stand has been taken by the petitioner that Annexure-13 itself suffers from that vice as the order which has been passed in favour of the petitioner has been set aside without hearing him.