RAJU CHAUDHARY Vs. STATE OF BIHAR; REGISTRAR COOPERATIVE SOCIETY, BIHAR, PATNA; DISTRICT COOPERATIVE OFFICER, WEST CHAMPARAN, BETTIAH; BRAJ KISHOR SAHANI, CHGAIRMAN, MANJHAULIA FISHERMAN COOPERATIVE SOCIETY LTD ; SHASHI BHUSHAN CHOUDHARY; WAKIL SAHANI; KAMAL SAHANI; BHOJ SA

JUDGEMENT

(1.) Heard Ms. Mahasweta Chatterjee, learned counsel for the petitioner, learned counsel for the State and Mr. Yogendra Mishra, learned counsel for the private respondents.

(2.) The petitioner has prayed for issuance of a writ in the nature of certiorari for quashing the order dated 6.6.2013 passed by the District Cooperative Officer in Case No. 1 of 2013, whereby the District Cooperative Officer has approved the removal of the petitioner as Secretary of the Cooperative Society, a copy of which is placed at Annexure-15 to the writ petition and which order has been affirmed by the Registrar, Cooperative Societies in Appeal No. 69 of 2013 preferred by the petitioner which was heard along with the revision also preferred by the petitioner bearing Revision Case No. 64 of 2013 and although the affirmation to the removal is on different grounds but the result is the same. A copy of the order passed by the Registrar is placed at Annexure-16. In the nature of order which this Court proposes to pass it would not require to delve in deep into the matter.

(3.) Whereas the District Cooperative Officer has upheld the removal of the petitioner as Secretary of the Majhaulia Block Matsyagivi Sahayog Samiti Ltd., District- West Champaran from the post of Secretary on grounds that he has been relegated to a minority, the removal of the petitioner has been upheld by the appellate authority on grounds of his failure to participate in the meetings as required under the bye-laws as well as for incurring a disqualification under Rule 23(1) (f) read with Rule 24 (2) of the Bihar Cooperative Societies Rule, 1959 (hereinafter referred to as 'the rules') framed under Section 66 of the Bihar Cooperative Societies Act, 1935 (hereinafter referred to as 'the Act').