PRABHU DAYAL SINGH & ANOTHER Vs. STATE OF BIHAR AND OTHERS

JUDGEMENT

(1.) The petitioners have played for quashing the order of the State Government dated 20.12.1986, as contained in Annexure '1' staying the election of Gopalganj Central Co -operative Bank which had been announced to be held according to the programme. There is a further prayer for a direction to the Registrar, Co -operative Societies, respondent no. 2, to convene the preliminary general meeting and annual general meeting immediately for the purpose of election. The life of the Board of Directors of the Cooperative Bank expired on 30.6.86 and the Board was continuing to function during the grace period as provided by Sec. 14(3) of the Bihar and Orissa Cooperative Societies Act (hereinafter referred to as the Act). Since this period was limited to six months time, the Board took steps for holding preliminary general and annual general meeting for the purpose of completing the election of the office bearers of the new Committee. However, for the reasons detailed in the counter affidavit filed, on behalf of the respondents, the meeting could not take place on the dates announced and fresh dates were fixed. On the 30th of October, 1986, that is before the next date, the Registrar superseded the Board by his order as contained in Annexure 'B' to the counter affidavit and appointed the District Magistrate as Special Officer. Several persons interested in the Cooperative Bank then moved this Court by a writ petition in C.W.J.C. 5118 of 1986 which was placed for admission on 19.11.1986 when on behalf of the State it was said that a revised programme of the election had already been chalked out. In the circumstances, a prayer was made for permission to withdraw the writ application which was allowed. Subsequently, the State Government issued the impugned order in Annexure 1 staying the process of election again. The petitioners are challenging the order on the ground that the State has no power to do so.

(2.) The present writ application was filed on 2.1.87 and was admitted on 7.1.87 by a Division Bench which stayed the operation of Annexure 1 with the observation that if the election was held, it will be subject to the final decision in the present case.

(3.) On 11.2.87, C.W.J.C. 589 of 1987 was filed for a direction to the Registrar to take steps for holding the election expeditiously. The relief was claimed on the basis of the stay order passed in the earlier case. This case, however, was not formally admitted, but we directed it to be placed on the cause list When we started hearing the present case. That case is also being disposed of today by a separate judgment.