SUBHASH PRASAD SAW Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD Learned counsel for both sides.

(2.) THIS appeal is by the petitioner in WP (C) No. 6454 of 2002. The appellant is the Deputy Chairman of the Dhanbad Central Co -operative Bank Ltd., Dhanbad. The appellant approached this Court with the writ petition praying for the issuance of a writ of mandamus directing the respondents to take steps for holding the election for constitution of the Managing Committee of the Dhanbad Central Co -operative Bank. According to the appellant, the term of the Managing Committee ended on the completion of the Co -operative year on 31.3.2002, but the Managing Committee was entitled to continue in office for a term of nine months for holding the election to the succeeding Managing Committee. That period of grace expired on 31.12.2002. The election was not held. According to the appellant that was due to the failure of the Deputy Commissioner to appoint an Election Officer for holding the election. Whatever it may be, on the expiry of the grace period of nine months ending on 31.12.2002, an Administrator was appointed for the Cooperative Bank as mandated by the statute. The Administrator is continuing. The claim of the appellant is that the election to the Managing Committee is not being held malafide and it was in that situation that the appellant was constrained to move this Court for the issue of a direction as sought for in the writ petition.

(3.) THE learned Single Judge found that on the facts, and in the circumstances, the Administrator was rightly appointed. Taking note of the apprehension of the appellant that the holding of election to the newly Managing Committee may be indefinitely postponed, the learned Single Judge directed the Administrator, to hold the election as early as possible and preferably within six months from the date of receipt/production of a copy of his order. Feeling aggrieved by the said decision of the learned Single Judge, the appellant has come up with this appeal.