SHANKARLAL BAJORIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioners are the elected members of the committee constituted for the purpose of managing the affairs of Shree Goshala of Bhagalpur. The petitioner no. 1 is General Secretary, petitioner nos. 2 and 3 are the Assistant Secretaries of Shree Goshala and others are members of the managing committee of Shree Goshala, Bhagalpur. It is alleged that the Goshala, in question, was registered under the Societies Registration Act in the year 1950 and was also registered under the Bihar Goshala Act, 1950 with the Registrar of Goshala, Bihar. The Bihar Goshala Act, 1950 was enacted in order to carry out the day to day affairs and control of the Goshalas in the State of Bihar. Section 17 of the Bihar Goshala Act, 1950, envisaged that the Director with the previous sanction of the State Government is authorised to make regulation for the purpose of better management of the Goshalas in the State of Bihar. Accordingly, Bihar Goshala Regulation, 1954 has been framed under the Act for the purpose of better affairs of the Goshalas in the State of Bihar. According to Regulation 3 of the said Regulation the management of every Goshala vests in the committee consisting of President, Secretary and members and according to the provisions of the regulation the elected members shall continue for the period of five years' unless otherwise removed in accordance with the provisions of the Act and the Regulation framed thereunder. Election of the managing committee was last held on 3.2.85 and petitioners 1 to 3 along with others were elected as Secretary and members of the said committee and since then the members of the committee were functioning. Subsequently the State Government by its order dated 22.5.86 in exercise of power conferred under Regulation 4 of the said Regulation superseded the elected body and constituted ad -hoc committee for management of the Goshala for settlement of the pending disputes, copy of the said order is made Annexure -2 to this writ application. The petitioners, who are elected members of the committee, have challenged the order of the State Government by filing the instant writ application. A Division Bench of this court by its order dated 11.8.86 stayed the operation of the said order and by virtue of which the elected body consisting of the petitioners was allowed to function. Since then the committee is functioning.

(2.) A counter affidavit has been filed on behalf of the State wherein, inter -alia, it is stated that the constitution of the committee for management of the Goshala, in question, consisting of the petitioners and others, has not been legally constituted and the State Government has rightly superseded the said committee and appointed ad -hoc body in order to manage the day to day affairs of the Goshalas. In course of argument learned counsel has informad that till date no fresh election has been held and, accordingly, no committee has been constituted so far.

(3.) AS stated above, the life of the committed under the Regulation is for five years, which has already been expired but because of the judicial order passed by this Court the committee is still managing the affairs of the Goshalas, in question. Having regard to the order I propose to pass with consent of the parties, it is not necessary to deal with the points raised in this writ application and to state the facts in detail. Suffice if to say, that the committee which has been constituted in 1985 is still functioning and having regard to the fact that no fresh election has been held so far, it is desirable in the interest of the Goshalas to held fresh election for constituting committee. Accordingly, I direct the Sub Divisional Officer, Bhagalpur, who is an ex officio President of the Goshala, in question, to take all possible steps to constitute a fresh committee in accordance with the Bihar Goshala Act and the Regulation framed thereunder, as early as possible, preferably within three months from the date of receipt/production of a copy of this order. Till then, the present elected committee shall be allowed to continue. This disposes of this writ application.