LACHANDEO SAHNI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application under Articles 226 and 227 of the Constitution for quashing annexure-1 to this application which is an order dated 30-1-1981, passed by Minister, Cooperation admitting a petition filed by Rameshwar Chaudhary of Ramgarhwa Fishermen's Co-operative Society and staying the operation of orders dated 8-1-1981 and 16-1-1981, passed by Deputy Registrar, Co-operative Societies. Tirhut Division.

(2.) There is a Co-operative Society by the name of Ramgarhwa Fishermen's Co-operative Society, The annual general meeting of the society was to be held on 21-!12-1980. The elections for the Managing Committee of the Society were to be held on the same day. On 16-12-1980 Kunkun Sahni, a member of . the Society filed an application before District Co-operative Officer, Motihari in which it was prayed that the meeting should be stayed, as all members had not been given notice of the annual general meeting. The District Co-operative Officer stayed the holding of the annual general meeting and election scheduled to be held on 21-12-1980. He registered a dispute in terms of Section 48 of the Bihar and Orissa Co-operative Societies Act (hereinafter referred to as 'the Act') and fixed 3-1-1981 as the date for hearing of the dispute. Despite the order for staying the holding of the elections passed by District Co-operative Officer, some of the members held annual general meeting on 21-12-1980 as scheduled. The result of the elections was challenged before Deputy Registrar, Co-operative Societies, Tirhut Division. The Deputy Registrar, Co-operative Societies by order dated 8-1-1981 heard the petitioner, admitted the dispute and issued notice of the dispute to the opposite party. Pending the final hearing of the dispute, the functioning of the newly elected Managing Committee was directed to remain stayed until further orders. The order of the Deputy Registrar is annexure-3 to this application. On 16-1-1981 the Deputy Registrar appointed the Assistant Registrar, Cooperative Societies as Special Officer of the Society. On 30-1-1981 respondent No. 5 Rameshwar Sahni filed an application before Minister, Co-operation in which it was prayed that orders dated 8-1-1981 and 16-1-1981 (annexures 3 and 4) be set aside. On the very same day the Minister for Co-operation by annexure-1 admitted the petition of respondent No. 5 and stayed the operations of orders dated 8-1-1981 and 16-1-1981. The effect of the order of the Minister was that the newly elected Managing Committee was to function in place of the Special Officer. Being aggrieved by the order of the Minister for Co-operation contained in annexure-1 the petitioners have moved this Court by the present application for quashing annexure-1.

(3.) Learned counsel for the petitioners has contended that the Minister for Cooperation had no jurisdiction to call for the case records from a Court constituted under Section 48 of the Act. He relied upon Thakur Jugal Kishore Sinha v. Sitamarhi Central Co-operative Bank Ltd. (AIR 1967 SC 1494) for the proposition that the Deputy Registrar, Cooperative Societies in seisin of a dispute under Section 48 of the Act is a Court. The proposition thus urged is unexceptionable. A Deputy Registrar, Co-operative Societies hearing a dispute is certainly a Court. The further proposition, however, that the Minister could not have called for the records of the case is, however, difficult to accept. It is not in controversy that in passing the orders contained in annexure-1 the Minister exercised the jurisdiction conferred upon him by Section 65A of the Act which reads as follows :