RAMSAKHA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner raised an election dispute under section 48 of the Bihar Co-operative Societies Act, 1935 (in short 'the Act'), The Assistant Registrar, Co-operative Societies, exercising the powers of the Registrar, set aside the election of the office bearers of the Managing Committee of Shyampur-Malpur-Malipur Primary Agriculture Credit Society Ltd. (in short 'the Society') held on December 4, 1991 and directed that the steps be taken for appointment of Administrator to carry on the business of the Society. The order was challenged by way of appeal before the State Government. The Minister Incharge, Co-operation has admitted the appeal and stayed the operation of the order of the Assistant Registrar. The order of theMinister dated February 25, 1992, copy whereof has been marked Annexure-1 is under challenge.

(2.) Mr. Ajayendu Bose learned counsel for the petitioner raised a short point. Counsel submitted that the Minister has no jurisdiction to interfere with the order of the Assistant Registrar under section 48. Relying on Chandestiwer Prasad v. State of Bihar AIR 1987 Patna 208 ; it was submitted that the proceeding under section 48 and the order passed therein are judicial in character. The Act provides for a complete machinery including right of appeal and revision before the Prescribed Authority to decide the dispute. Section 65-A conferring power of review upon the State Government having been struck down, the Minister is alien to the scheme envisaged under the Act. Mr. Yogendra Mishra appearing for respondent no. 4, appellant before the Minister, on the other hand, took the stand that the impugned order has been passed in exercise of power uner section 41 (6) of the Act. He submitted that if elections are not held vithin time, in terms of the relevant provisions, deemed supersession of the Managing Committee takes place within the meaning of section 41 making the provisions of sub-section (6) applicable. According to him. in the instate case, elections were not held within the prescribed period and the Managing Committee of the Society will be deemed to have been superseded with effect from January 1, 1992. Thus, appeal before the State Government under section 41 (6) was maintainable and the Minister was competent to pass the impugned order.

(3.) The relevant provisions of the Act may be noticed at this stage. Section 2 (bb) defines 'co-operative year' to mean a year beginning with the 1st of April and ending on the 30th March. Section 14 (9) provides that , notwithstanding anything contain d iu the rules or bye-laws, the term of members and the office bearers of the Managing Committee of a registered Society shall be three co-operative years, and they shall continue to hold office after expiry of their term till the elections are held or for nine months from the close of the co-operative year, whichever is earlier. Since the controversy rests upon the construe .ion of the provision contained in section 14 (10), it would be useful to bodily refer to the said provision, omitting its provisos.