- (1.) Prayer in this writ petition is for issuance of a writ of or in the nature of writ of certiorari for quashing Annexure-2 (order dated 4-9-2001) issued by respondent No.3 (Assistant Registrar, Co-operative Societies, Hazaribagh Circle, Hazaribagh) purporting to be under the direction of the respondent No.2 (Registrar), whereby and whereunder, the post of treasurer has been ordered to be filled up by lottery.
(2.) Further prayer is for issuance of an appropriate writ or a writ of or in the nature of a writ of mandamus commanding upon the respondents not to give effect to the said impugned order and further, to allow the filling up of the post of a Treasurer by co-option in terms of the order of the respondent No.4 (Joint Registrar).
(3.) The facts pleaded in the instant case is that in terms of the provision contained in the Bihar Co-operative Societies Rules, 1959 election for different posts including the post of a treasurer was held on 24-12-2000 in which one Sri Pramod (respondent No.5) and one Sri Basant Kumar Singh (respondent No.6) got equal votes of 129 each. Consequently the post of treasurer could not be declared.;