RAM MUKHIYA Vs. STATE OF BIHAR

JUDGEMENT

(1.) There is insufficiency in the pleadings before the High Court to certify that the action to convert Ali Nagar Prakhand Matsyajivi Swablambi Sahkari Samiti Ltd. into Self Supporting Co-operative Society may be incorrect. The conversion was permitted under the Bihar Self Supporting Cooperative. Societies Act, 1996.

(2.) Conspicuous by its absence are facts that the society in fact had at its meeting of the managing committee decided to seek consent of the members of the society for converting it into a self supporting society under the 1996 Act. Two pleadings which are mentioned in the application before the Court of Registrar, Cooperative societies, Bihar in revision Case No. 78 of 2001 are relevant. These are reproduced:

(3.) In the writ petition there is no suggestion that such a decision had not been taken. In fact, in the counter-affidavit in paragraph 4 when it has been pleaded that such a meeting took place the answer has been avoided in paragraph 7 of the rejoinder affidavit.