MOHD MAQSOOD ALAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners have challenged the decision of the State Government taken under Section 47(6) and (7) of the Bihar and Orissa Co operative Societies Act, 1955 (hereinafter referred to as 'the Act'). Originally, the writ application was filed on 16-1-87. Due to the strike of Class III and IV employees of the State Government including those working in the Court, the records were not available for sometime and since the petitioners urgently needed to move in the matter, they filed as identical writ application which was registered as C. W. J. C. 489 of 1987. The learned counsel for the parties have submitted their arguments with reference to the records of the Utter case.

(2.) The petitioners claim to have been duly elected as the Directors of the Biharsharif Regional Handloom Weavers' Co-operative Union, a Central Society its members being primary weavers' Co-operative Societies at the Annual General meeting of the Society on 10-11-1986. The Annual General meeting is said to have been called by the outgoing Board of Directors. It is stated that the election has been challenged under Section 48 of the Act before the Deputy Registrar, Patna Division who fixed the case for hearing on 23-3-1987. In the meantime, the Board of Directors, that is, the Managing Committee of the Society was dissolved by the order dated 13-1-1987, as contained in Annexure 1 under the provisions of Section 41 (6) of the Act. The petitioners immediately challenged this order before this Court. During the pendency of this case, the petitioners were served with a show cause notice and after hearing them the notification, Annexure 1, was confirmed by the order dated 29-6-1987, as contained in Annexure 'D' to the counter affidavit of the respondent No. 1 (page 59 of the records), passed by the State Minister, Handloom and Handicrafts. The petitioners have also made a prayer for quashing this order.

(3.) Mr. Bose, the learned counsel appearing in support of the writ application, pressed the following points in support of the writ application.