SUNIL KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the interlocutory applications have been filed for quashing the order of the Registrar, Co-operative Societies, Bihar, Patna dated 12.1.2009 by which he has suspended the Board of Directors of BISCOMAUN and appointed Sri Jitendra Kumar Sinha, District Magistrate, Patna as Special Officer vesting in him the powers of the Board of Directors to manage the affairs of BISCOMAUN and also for impleading the said Sri Jitendra Kumar Sinha as party respondent to the writ petition.

(2.) A preliminary objection has been raised by learned Advocate General that there is provision for appeal against such an order of the Registrar, Co-operative Societies passed under Section 41(1) of the Bihar Co-operative Societies Act, 1935 to the State Government under Sub Section (6) of Section 41 of the Act and thus any challenge to the said order is barred by the availability of alternative statutory remedy.

(3.) Learned counsel for the petitioners, on the other hand, submits that the Registrar, Co-operative Societies, has acted in the present matter at the behest of an order dated 17.10.2008 passed by the Minister, Co-operative Department and thus it is not expected that the Minister having shown interest in the matter would be able to hear the appeal in an unbiased, fair and impartial manner.