VIAY KUMAR MISHARA Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two applications under Articles 226 and 227 of the Constitution of India, though of different huge, have their colour now mixed on the forensic canvass because to some extent one affects the other. Both these applications arise out of governmental action in the working of the Bihar State Housing Co-operative Federation Limited (hereinafter referred to as 'the Federation') of which petitioner in C. W. J. C. No 5614 of 1986 is the Chairman and petitioners in C.W.J.C. No. 461 of 1986 are the members. This Federation is a Society within the meaning of Section 2 (b) of the Bihar and Orissa Co-operative Societies Act, 1935 (hereinafter referred to as 'the Act') and in common co-operative parlance is known as an apex Society and in an affiliating Society within the meaning of Rule 2 (ii) of the Bihar Co-operative Societies Rules, 1959 (hereinafter referred to as 'the Rules') having some Societies as its members which come within the definition of Section 2 (ggg) of the Act and are primary Societies. According to clause 30 of the Bye-laws of the Federation, each affiliated or Primary Society is represented by a single nominee of the Society known as delegate which constitute the General Body of the Federation.

(2.) Broadly speaking, the object of the Federation is to assist in the development of house building activities through primary Co-operative Societies by grant of loans or by its own construction. Basically, therefore, the activities of the Federation is promotional. A detailed description of the objective of the Federation has been set out in clause 3 of the bye-laws.

(3.) It is now beneficial to describe the assailed Annexures. In the former application (C. W. J. C. No. 5614 of 1986) Annexure 13 is impugned which is a report of the Registrar (Respondent No. 5) sent to the Government and the penetrating affect of Annexure 13 caused the birth of Annexure 14, a notification by which the Federation has been superseded. In the latter writ application (C. W. J. C. No. 461 of 1986). Annexure 6 is assailed which is the letter of the Registrar (Respondent No. 3 in C. W.J.C. No. 461 of 1986) certifying the compulsory amendment to the bye-laws of the Federation purported to have been made under Section 25 of the Act and Annexure 9 of C. W. J. C. No. 461 of 1987 and Annexure 19/A of C. W. J. 0. No. 5614 of 1986 are the orders of the appellate authority, the Chief Minister, passed in an appeal preferred by the petitioner against Annexure 6.