ASHOK KUMAR SINGH SON OF SURESH SINGH RESIDENT OF VILLAGE Vs. THE STATE OF BIHAR THROUGH THE SECRETARY DEPARTMENT OF CO

JUDGEMENT

(1.) A batch of writ applications, raising similar questions of law, were clubbed together and heard together by a learned single Judge.

(2.) The issue related to the status of a Primary Agriculture Credit Cooperative Society and the powers of the Registrar to dissolve the managing committee in exercise of power under Sec. 41(5) of the Bihar Co-operative Societies Act, 1935. Since Sec. 41(5) of the Act was the issue before the learned single Judge, the said provision is reproduced for ready reference :

(3.) The submission made before the learned single Judge, which is also urged by this appellant before this Court, is that the Registrar has to first dissolve the managing committee of the registered society if majority of the members resign and then only the question of appointment of an administrator would arise. The administrator cannot be appointed directly without the order of dissolution. The learned single Judge after considering the various submissions as well as the provisions of law opined as under :