RANA RAN VIJAY SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) We have heard counsel for the parties. The present Appeal assails order dated 28.6.2013 in C.W.J.C. No. 5943 of 2011 directing for draw of lots under Rule 21-U(5) of the Bihar Co-operative Societies Rules pursuant to election for the post of PACS, Chairman.

(2.) The Joint Registrar opined that there had been no malpractices in counting and neither did the private respondent in his request for recount mention any such ground. Nonetheless, the Joint Registrar directed recount. The Registrar on Appeal set aside the order.

(3.) Learned counsel for the private respondent has been unable to persuade us to uphold the inherently contradictory order of the Joint Registrar holding that there had been no malpractices to warrant recounting and yet simultaneously directing recounting. In our opinion that ground alone is sufficient to set aside the order under Appeal.