DR.SUNIL KUMAR SINGH SON OF SRI MAHARANA PRATAP SINGH Vs. STATE OF BIHAR THROUGH ITS SECRETARY, CO-OPERATIVE DEPARTMENT, GOVERNMENT OF BIHAR

JUDGEMENT

(1.) IN the present writ petition the pleadings being complete with consent of parties the writ petition was heard for final disposal at this stage itself.

(2.) THE present writ petition has been filed by the six petitioners, who are Directors of the Board of Directors of the Apex Co -operative Society, being Bihar State Co -operative Marketing Union Limited (BISCOMAUN for brevity). They have challenged the orders dated 9.7.2009 (Annexure -6) and 10.7.2009 (Annexure -7), both being orders passed by the Registrar Co -operative Society. By the first order the petitioners have been disqualified from holding the respective posts as Chairman/ Directors in the Board of Directors of BISCOMAUN, allegedly in view of the provisions of Rule 23(1 )(d) of the Bihar Cooperative Societies Rules, 1959 and the later by which the Registrar has dissolved the Managing Committee of BISCOMAUN in purported exercise of powers under Section 41(5)(b). In effect, what is under challenge is the unnecessary and unauthorized State intervention in the working of BISCOMAUN, a registered Co -operative Society duly registered under the Bihar Co -operative Societies Act, 1935. At the very outset, I may note that there has been averments and submissions with regard to serious questions of mala fide actions, in fact, but I deem it unnecessary to consider those for the purpose of disposal of this writ petition.

(3.) THE Board of Directors of BISCOMAUN consists of the Managing Director, who is State Government nominee, the Chairman and several other Directors most of whom are elected. The total strength of the Board of Directors is 17.