LAXMIKANT SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The following issues arise for consideration:

(2.) The Petitioners in the present petition are a Primary Agricultural Co-operative Society ("PACS") and are aggrieved by the State's actions dtd. 25/3/2013, directing PACS to enrol a minimum of 1000 members from amongst the weaker sec. of particular caste denominations. This was to be done by way of a special camp in the presence of all the members of the Managing Committee, Block Co-operative Extension Officer, and the PACS Manager, failing which disciplinary proceedings were to be initiated against all concerned. This action was challenged in CWJC No. 18367 of 2013 titled Dasdhrath Singh versus The State of Bihar and Ors. Vide order dtd. 1/11/2013, this Court stayed the directives issued by the State Government.

(3.) However, the State Government directed the local officers of various districts to commence the exercise of membership drive of the PACS at their level. Under that, the BDO, Paliganj, inducted many persons as members of the Petitioner-Society. This was vide letter Nos. 1225, 1225(ka) dtd. 26/6/2014, letter No. 1273, 1285 dtd. 28/6/2014, letter Nos. 1287, 1300, 1301 dtd. 30/6/2014 and the exercise was carried out under Rule 7(4) of the Rules.