LAWS(PAT)-1996-5-69

BAII NATH JHA Vs. STATE OF BIHAR

Decided On May 10, 1996
Baii Nath Jha Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) The Petitioner has filed this petition for drawing contempt for wilful disosbedience of this court's order passed in C. W. J. C. No. 3120 of 1995 (R) on 19-12-1995.

(2.) The petitioner happens to be the member of Sendra Basjora Motor Pariwahan Sahayog Samity, a Co-operative Society. Various complaints were receieved regarding the management of the Co-operative Society by its managing committee and a petition was filed under Section 27 of the Bihar Co-operative Societies Act, 1935 for disolution of the managing committee. That petition filed under Section 41 (1) the Bihar Co-operative Societies Act registered as Supersession Case No. 5/95 and after giving due notice, the matter was heard and the society was suspended under Section 41 (2) of the Act, and a Special Officer was appointed as a Administrator. Against that Supersession order of the Deputy Registrar, an appeal was preferred by the Secretary of the Society under Section 41 (6) of the Act before the Minister of the department, which was registered as Supersession Appeal No. 4/1995. As per the order of the Minister, an enquiry was held in the matter by the Deputy Commissioner, Dhanbad, through A. D. M., Law and order and on submission of his report, the Minister concerned had set the order of supersession by order dated 28-9-1995. This was challegned by the petitioner in C. W. J. C. No. 3120 of 1995 (R). After hearing the petitioner, order was passed on 19-12-1995 disposing of the petition without going into the merits, as it was held that the term of the members an office bearers of the Managing Committee of the society in question had already expired on 31-3-1995 and grace period was also going to expire on 31-12-1995, and as such disposal order was passed in the following terms :

(3.) The said order was made available to the S. D. O. Dhanbad, who in turn had despatched it to the B. D. O., opposite party No. 5 to abide by the orders of the High Court, but it appears that the B. D. O. had not complied with the orders of this court and after taking opinion from an Advocate of Dhanbad continued with the process of election and conducted the election without reference to Administrator and completed the same.