VIDYA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application has been filed on behalf of the petitioner, who is the representative of Kurji Primary Agriculture Credit Society Limited to the Patliputra Central Co-operative Bank Limited, for quashing an order dated 11-1-1989 issued by the Registrar, Co-operative Societies, Bihar directing the Administrators of all the Central Co-operative Banks of Bihar to prepare the list of the representatives who shall be entitled to participate in the preliminary general meeting and to hold the elections of the office bearers of the Managing Committees of the different Co-operative Banks in accordance with the programme mentioned therein. By that very order he has also appointed the Returning Officers for holding elections aforesaid.

(2.) According to the petitioner, the Registrar even after the amendment of the provisions of the Bihar Co-operative Societies Act (hereinafter referred to as 'the Act') by the Bihar Co-operative Societies (Amendment) Ordinance, 1988, which came in force on 24th October, 1988, had no such authority to prepare an election programme for election of the members of the Managing Committee of the different Co-operative Banks. Several amendments have been introduced by the aforesaid Ordinance which have far-reaching effect so far the election of the members of the Managaing Committee, election/nomination of the Directors of the Co-operative Societies are concerned. However, while challenging the validity of the order of the Registrar aforesaid, reliance on behalf of the petitioner was placed on sub-secs. (5) and (6) of S.14 of the Act which have been introduced by the aforesaid amending Ordinance. Sub-sections (5) and (6) of S.14 are as follows:-

(3.) It was submitted that in view of sub-section (5) notwithstanding anything in the provisions of the Act, rules or bye-laws of any society the existing Managing Committee of a registered society, in respect of which the State Government has power to nominate Chairman and other members of the Managing Committee in accordance with proviso (i), (ii) and (iii) of sub-section (4) shall cease to exist from the date of promulgation of that Ordinance. The State Government has to appoint an Administrator for the management of the affairs of such registered society till elections are held in accordance with the provisions of the Act. Sub-section (6)(a) enjoins the Administrator so appointed under sub-section (5) to hold the election within six months of his appointment. It was pointed out that when the Statute vests power in the Administrator appointed under sub-section (5) of S.14 to hold the election it was not open to the Registrar, Co-operative Societies to prepare an election programme and to circulate the same directing all the Administrators to hold elections in accordance with that programme.