(1.) THE dispute in these two writ applications being common, they have been heard together and are being diposed by this common order.
(2.) THE dispute relater to the election of the members and the office-bearers of the Nandan Co-operative Development and Cane Marketing Union Ltd., Lauriya in the District of West Champaran (hereinafter referred to as 'the Societies'), C.WJ.C. No. 11329 of 1992 has been filed by the society and two others claiming to be its elected Chairman and Secretary, C.WJ.C. No. 11589 of 1992 has also been filed by the same Society and another, claiming to be its existing Chairman. THE petitioner of the former writ petition have challenged the order of the Deputy Development Commissioner, West Champaran (in short 'D.D.C.') dated 5-11-92, describing himself as the ex-officio Election Conducting officer (Nirvachan Sanchalan Padadhikari) by which he has stayed the election process and appointed a Special Officer in anticipation of the approval of the Registrar, Co-operative Societies. THE latter part of the order appointing Assisstant Registrar, Co-operative Societies, Bagaha, has also been challenged by the petitioner of C.W.J.C. No. 11589 of 1992, who have further challenged the order of the D.D.C. dated 31-8-92 purporting to the Election officer and the alternate Election Officer to hold and conduct the election of the members and office-bearers of the society, as also the purported declaration of the result made on 29-10-92.
(3.) RULE 21-A of the RULEs, inter alia, provides that the election of the members and the office-bearers of the managing committee shall be held in a special general meeting in accordance with RULEs 21-B to 21-X. RULE 21-B provides that the State Government may by notification direct that subject to the general superintendence, direction, control and supervision of the Registrar of Co-operative Societies, the power to organise election in a district level Cooperative Socities shall vest in the District Co-operative Officer of the Deputy Devolopment Commissioner of a district. Under RULE 21-C the said Authority is vested with the power to organise the election and fix date for holding elections. The Authority is empowered under RULE 21-D to appoint an Election Officer and alternate Election Officer. He has further been empowered under RULE 21-I to prepare or cause to be prepared a list of Societies in which election falling due in the next co-operative year and to direct the society concerned to submit a list of their members to the Election Officer concerned. RULE 21-K provides that a special general meeting for the purpose of election in a society shall be held on the date or the dates fixed by the said Authority. The Election Officer so appointed by the Authority shall appoint Polling officer under RULE 21-F and fix election schedule under RULE 21-N. There are various other provisions under which the Election Officer has to keep the Authority informed and get his approval of certain acts done by him. Reference may be made to RULEs 21-T, 21-U and 21-V.