JASWANT KUMAR JYOTI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Shravan Kumar, learned Senior Advocate for the appellant and Mr. S.K. Das, learned Advocate for the State. The Chairman of the PACS/respondent no. 8 is represented by Mr. Raja Ram Rai, Advocate.

(2.) Mr. Shravan Kumar, learned Senior Advocate has questioned the judgment and order passed by the learned Single Judge of this Court in C.W.J.C. No. 1181 of 2021 on 19/7/2021, as also the order passed in review on 6/7/2022 in Civil Review No. 134 of 2021, whereby the claim of the appellant that the situation had ripened for invocation of Sec. 41(5)(a)(d) of the Co-operative Societies Act, 1935 for the Managing Committee to be dissolved for fresh elections was rejected.

(3.) It is required but to be noted that the claim of the appellant, who had been an erstwhile member of the PACS but had resigned, rested on the premise that respondent no. 9/Dharmendra Kumar Singh was never inducted as the Manager of the PACS and by excluding him, the vacant position in the Co-operative Society with twelve members was reduced to seven and therefore, there was a need for the Registrar to have dissolved the Governing Body of the PACS and to have called for fresh elections.