HARE KRISHNA UPADHYAYA Vs. STATE OF BIHAR

JUDGEMENT

(1.) In the writ application, the petitioner has prayed for quashing the order of the Minister of Co-operation, Government of Bihar (Respondent No. 2), dated the 11th October, 1977 (Annexure '1') and, issuance of necessary direction to the Registrar, Co operative Societies, Bihar (Respondent No. 3\, to proceed to decide the election dispute in Case No. 90 of 1977, in terms of his order, dated the 6th October, 1977 (Annexure 2).

(2.) The short facts necessary for the disposal of this application may be stated. The petitioner, a Director of the Arrah Vyapar Mandal Sahyog Samiti, filed an application before the Registrar, Co-operitivc Societies, Bihar (Respondent No. 3), under section 48 of the Bihar and Orissa Co-operative Societies Act, 1935, (hereinafter referred to as the Act), challenging the legality of the preliminary general meeting of the Arrah-Buxar Central Co operative Bank Limited, Arrah, held on the 26th September, 1977, on various grounds, one of them and the main being that the delegate members, who attended the meeting, were defaulters and that they could not legally attend the annual general meeting scheduled to be held on the 12th October, 1977. Some of the other grounds were that the list prepared for grouping of the societies was not published nor any notice of the holding of the annual general meeting was given to the representatives and the representatives of the superseded societies were also called at the meeting. Besides that, allegations regarding financial irregalarities were also made A prayer was also made for staying the holding of the annual general meeting scheduled to be held on the 12th October, 1977.

(3.) The election petition was registered as Flection Dispute No. 90 of 1977, and, on the 6th October, 1977. the Registrar, Co operative Societies, Bihar, stayed the annual general meeting scheduled to be held on the 12th October, 1977, until further orders and also directed the Joint Registrar, Co-operative Societies, to hold an enquiry and submit a report on the allegations contained in the petition of the petitioner and the show-cause filed on behalf of Respondents Nos. 4 to 6. Respondents Nos 4 to 6 had filed a show cause denying the allegations made in the election petition and alleging that the order of the Registrar, Co-operative Societies, Bihar, postponing the annual general meeting to be held on the 12th October, 1977, was wholly illegal, inasmuch as it would frustrate the holding of the annual general meeting within the time-limit fixed by the statutes and the Board of Directors of the Bank would stand superseded.