IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6453 of 2010 1. Triyugi Narain Jha S/O Jeevacch Jha R/O Vill. And P.O. Madhopur, P.S. Bathnaha, Distt.- Sitamarhi 2. Dinesh Bhandari S/O Kiran Bhandari R/O Vill.- Latipur, P.S. Bathnaha, Distt.- Sitamarhi 3. Kaushal Kishore S/O Late Ramchandra Mahto R/O Vill.- Latipur, P.S. Bathnaha, Distt.- Sitamarhi 4. Indal Paswan S/O Late Sulfi Paswan R/O Vill. And P.O. Madhopur, P.S. Bathnaha, Distt.- Sitamarhi 5. Kiran Kumari W/O Shri Mahinath Jha R/O Vill. And P.O. Madhopur, P.S. Bathnaha, Distt.- Sitamarhi 6. Kaushal Kishore Mandal S/O Deonarain Mandal R/O Vill.- Sonbarsa, P.O. Latipur, P.S. Bathanaha, Distt.- Sitamarhi 7. Baidyanath Rai S/O Shri Biroo Rai R/O Vill.- Latipur, P.S. Bathnaha, Distt.- Sitamarhi Versus 1. State Of Bihar 2. Registrar, Cooperative Societies, Bihar, Patna 3. Jt. Registrar, Cooperative Societies, Tirhut Divn. Muzaffarpur 4. District Cooperative Officer, Sitamarhi 5. Asstt. Registrar, Cooperative Societies, Sitamarhi Sadar/Anchal, Distt.- Sitamarhi 6. Bimal Shukla S/O Gagandeo Shukla R/O Vill.- Sonbarsa, P.O. Latipur, P.S. Bathnaha, Distt.- Sitamarhi 7. Dasrath Paswan S/O Bhagwanlal Paswan R/O Vill.- Madhopur, P.S. Bathnaha, Distt.- Sitamarhi 8. Sushil Kumar Jha S/O Late Sadanand Jha R/O Vill.- Madhopur, P.S. Bathnaha, Distt.- Sitamarhi 9. Anup Das S/O Late Basudeo Paswan R/O Vill.- Latipur, P.S. Bathnaha, Distt.- Sitamarhi 10. Asha Devi W/O Ram Bahadur Mandal R/O Vill.- Sonbarsa, P.S. Bathnaha, Distt.- Sitamarhi 11. Turkaulia Primary Agriculture Credit Cooperative Society Having Its Office At Village Sonbarsa, P.S. Bathanaha, Distt.- Sitamarhi, Through Its Adyaksh ---------------------------------- With Civil Writ Jurisdiction Case No.6480 of 2010 1. Shanti Mohan Jha S/O Late Radha Krishna Jha R/O Vill. And Post- Madhopur, P.S. Bathnaha, Distt.- Sitamarhi Versus 1. The State Of Bihar 2. Bihar State Election Authority, Barrack No. 11, Old Secretariat, Patna Through Its Chief Election Officer 3. District Magistrate, Sitamarhi Cum District Election Officer 4. Addl. Collector, Sitamarhi Cum Election Officer 5. District Cooperative Officer, Sitamarhi Cum Dy. Election Officer 2 6. Registrar, Cooperative Societies, Bihar, Patna 7. Jt. Registrar, Cooperative Societies, Patna 8. Asstt. Registrar, Cooperative Societies, Sitamarhi 9. The Sitamarhi Central Cooperative Bank Ltd., Sitamarhi Having Its Head Office At Dumra, Through Its Managing Director 10. Shri Bimal Shukla S/O Gagandeo Shukla R/O Vill.- Latipur, P.S. Bathnaha, Distt.- Sitamarhi So-Called Adyaksh And So-Called Delegate 11. Turkaulia Primary Agriculture Credit Cooperative Society Having Its Office At Sonbarsa, P.S. Bathnaha, Distt.- Sitamarhi Through Its Paid Manager --------------------- For the Petitioners:- Mr. Yogendra Mishra, Advocate For the Respondents:- Mr. Amit Kumar, A.C. to S.C.6 (in C.W.J.C.No.6453 of 2010) Mr. Anisul Haque, A.C. to A.A.G.9 (in C.W.J.C.No.6480 of 2010) ********* For Respondent No. 6:- Mr. Pushpendra Kumar Singh, Advocate. In CWJC No. 6453 of 2010 And Respondent No. 10 in CWJC No. 6480 of 2010 2 12.09.2011 Heard learned counsels for the parties. The writ petition was filed seeking a direction to respondent No.2, the Registrar, Cooperative Societies to accept the resignation of the petitioners and appoint an Administrator within the time frame. It is the contention of the petitioners herein that out of the 12 members of the Managing Committee of the Turkaulia, Primary Agricultural Cooperative Societies, seven of the members who are the petitioners herein have resigned and thus the members of the Committee falling below the statutory requirement, stood dissolved in terms of Section 41(5) of the Bihar and Orrisa Cooperative Societies Act, 1935. It is the further contention of the petitioner that an application to this effect was filed before the 3 Registrar, Co-operative societies Act on 15.03.2010. It so appears that during the pendecy of the proceedings, the respondent, Registrar, Cooperative Societies upon consideration of the application filed on behalf of the petitioners has passed orders for dissolution of the Managing Committee and has since appointed Administrator by order dated 19.04.2011 and 27.04.2011. Learned counsel appearing for the respondent No. 6 submits that the order has been obtained by misrepresentation of facts as according to him two of the petitioners had not given their consent. He further informs this Court that he has filed writ petition challenging the order passed by the Registrar dated 19.04.2011 and 27.04.2011 appointing the Administrator giving rise to C.W.J.C. No. 8286 of 2011 which is pending before a Bench of this Court for consideration. Be that as it may, as the parties are unified in their stand that orders have been passed by the Registrar, Cooperative Societies dissolving the Managing Committee of the Society in question followed by appointment of an Administrator, this writ petition has become infructuous and is disposed of as such. Bibhash (Jyoti Saran, J.)