LAWS(PAT)-1992-8-29

ABHAYA NAND UPADHAYA Vs. STATE OF BIHAR

Decided On August 10, 1992
ABBAYA NAND UPADHAYA Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) A shor: but somewhat interesting question arises for decision in these two cases as to whether the election of the Chairman of a registered co-operative society can take place only after the election of the members of the managing committee is complete or it can be held simultaneously with their election.

(2.) Learned counsel for both sides have placed reliance on Rule 21-A of the Bihar Co-operative Societies Rules, 1959 (in short 'the Rules'). That rule reads as follows :

(3.) There U no dispute that a person may be elected for more than one office at a time. This is clear fron. ihe form prescribed for filing nomi- nations in Form XXlll and Rule 21-CX which in its material part provides ;