IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5857 of 2010 1. UMESH KUMAR SINGH S/O LATE RAM PRAVESH SINGH CHAIRMAN, THE KATIHAR, DISTRICT CENTRAL COOPERATIVE BANK LTD., KATIHAR, P.S.- KATIHAR, DISTT.- KATIHAR 2. KAMAL KISHORE SINGH S/O SRI BISHWANATH NARAIN SINGH CHAIRMAN, THE BEGUSARAI CENTRAL CO- OPERATIVE BANK LTD., BEGUSARAI, P.S.- BEGUSARAI, DISTT.- BEGUSARAI 3. JAGNARAIN SINGH S/O LATE MUNGESHWAR SINGH CHAIRMAN, AURANGABAD DISTRICT CENTRAL COOPERATIVE BANK LTD., AURANGABAD, P.S.- AURANGABAD, DISTT.- AURANGABAD 4. NAGENDRA MISHRA S/O SRI DHARAM NATH MISHRA DIRECTOR, THE SIWAN CENTRAL COOPERATIVE BANK LTD., SIWAN, P.S.- SIWAN, DISTT.- SIWAN 5. SATYA NARAIN SINGH S/O LATE VISHWANATH SINGH DIRECTOR, CENTRAL COOPERATIVE BANK LTD., ARA, TAPESHWAR BHAWAN, MANGAL PANDEY PATH, ARA, P.S.- ARA (TOWN), DISTT.- BHOJPUR (ARA) 6. RAJ MANGAL CHOUDHARY S/O LATE THAG CHOUDHARY DIRECTOR, THE GOPALGANJ CENTRAL COOPERATIVE BANK LTD., GOPALGANJ, P.S.- GOPALGANJ, DISTT.- GOPALGANJ Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY CO- OPERATIVE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 2. THE REGISTRAR COOPERATIVE SOCIETIES, BIHAR, PATNA 3. THE BIHAR STATE ELECTION AUTHORITY BARRACK NO. 11, OLD SECRETARIAT, PATNA, THROUGH ITS SECRETARY 4. THE CHIEF ELECTION OFFICER BIHAR STATE ELECTION AUTHORITY, BARRACK NO. 11, OLD SECRETARIAT, PATNA WITH CWJC No.5891 of 2010 1. RAVINDRA PRASAD SINGH, ONE OF THE ELECTED MEMBERS OF THE BOARD OF DIRECTOR'S OF CENTRAL CO- OPERATIVE BANK LTD. BEGUSARAI S/O SRI NARAYAN SINGH R/O VILL RAJOURA, P.S.MUFFASIL, DISTT- BEGUSARAI Versus 1. THE STATE OF BIHAR , THROUGH SECRETARY DEPARTMENT OF CO-OPERATIVE GOVT. OF BIHAR, NEW SECRETARIAT, PATNA 2. THE REGISTRAR, DEPARTMENT OF CO-OPERATIVE GOVT. OF BIHAR, NEW SECRETARIAT, PATNA 3. THE CHIEF ELECTION OFFICER, BIHAR STATE ELECTION AUTHORITY (PRADHIKAR) BARRACK NO- 11. OLD SECRETARIAT, PATNA 2 WITH CWJC No.6058 of 2010 1. RAJ KISHORE PRASAD S/O LATE BHOLA SHARMA CHAIRMAN, THE PATLIPUTRA CENTRAL CO-OPERATIVE BANK LTD., MADAN DHARI BHAWAN, S.P.VERMA ROAD, PATNA, P.S.- GANDHI MAIDAN, TOWN & DISTT.- PATNA 2. UDAY NARAIN SINGH S/O LATE SATYA NARAIN SINGH CHAIRMAN, THE SASARAM-BHABHUA CENTRAL CO- OPERATIVE BANK LTD., SASARAM, P.S.- SASARAM (TOWN), DISTT.- ROHTAS AT SASARAM Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, CO- OPERATIVE DEPARTMENT, GOVT. OF BIHAR, PATNA 2. THE REGISTRAR, CO-OPERATIVE SOCIETIES, BIHAR, PATNA 3. THE BIHAR STATE ELECTION AUTHORITY, BARRACK NO. 11, OLD SECRETARIAT, PATNA, THROUGH ITS SECRETARY 4. THE CHIEF ELECTION OFFICER, BIHAR STATE ELECTION AUTHORITY, BARRACK NO. 11, OLD SECRETARIAT, PATNA WITH CWJC No.6188 of 2010 1. FATUAH ADHISUCHIT CHHETRA UTTARI PRIMARY AGRICULTURAL CREDIT COOPERATIVE SOCIETY LTD. THROUGH ITS CHAIRMAN RAM PRASAD SINGH, S/O LATE RAJA RAM RAI, R/O VILLAGE - GARHOCHAK, TRIPAL TOLA, P.S - FATWAB, DISTRICT - PATNA. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY , COOPERATIVE DEPARTEMENT, BIHAR. 2. THE REGISTRAR, CO-OPERATIVE SOCIETIES, BIHAR PATNA. 3. THE BIHAR STATE ELECTION AUTHORITY, THROUGH THE CHIEF ELECTION OFFICER, BARRACK NO. 11, OLD SECRETARIAT, PATNA. 4. THE PATLIPUTRA CENTRAL CO-OPERATIVE BANK LTD., THROUGH ITS MANAGING DIRECTOR, MADANDHARI BHAWAN, S.P. VERMA ROAD, PATNA. WITH CWJC No.6565 of 2010 1. LALIT KUMAR SHAHI, S/O LATE NARAYAN PRASAD SHAHI, R/O VILLAGE-BARURAJ,P.S-BARURAJ, DISTRICT- MUZAFFARPUR AT PRESENT THE CHAIRMAN BARURAJ EAST PACS WITHIN THE BLOCK OF MOTIPUR DISTRICT- MUZAFFARPUR. 2. JAI MANGAL SINGH, S/O LATE BADRI SINGH, R/O VILLAGE - SINGAILA, P.S - MOTIPUR, DISTRICT- MUZAFFARPUR AT PRESENT THE CHIARMAN, MOTIPUR NOTIFIED AREA COMMITTEE WEST PACS, SINGAILA. Versus 1. THE PRINCIPAL SECRETARY,CO-OPERATIVE DEPARTMENT, GOVT. OF BIHAR, PATNA. 3 2. THE REGISTRAR, CO-OPERATIVE SOCIETY BIHAR, PATNA. 3. THE SECRETARY, BIHAR STATE ELECTION AUTHORITY BIHAR, PATNA. 4. THE JOINT REGISTRAR, CO-OPERATIVE SOCIETY BIHAR, PATNA. 5. THE DISTRICT MAGISTRATE CUM DISTRICT ELECTION ADMINISTRATION OFFICER, MUZAFFARPUR. 6. THE DISTRICT CO-OPERATIVE OFFICER (D.C.O) CUM ASSISTANT ELECTION OFFICER, MUZAFFARPUR. 7. THE ELECTORAL REGISTRATION OFFICER CUM ADDITIONAL COLLECTOR,MUZAFFARPUR. 8. THE MANAGING DIRECTOR, THE MUZAFFARPUR CENTRAL CO-OPERATIVE BANK LTD. MUZAFFARPUR. WITH CWJC No.6589 of 2010 SHAIL DEVI W/O SRI SHASHI SHEKHAR RAI, RESIENT OF VILLAGE- NAREPUR, P.S. BACHHWARA, DISTRICT- BEGUSARAI . Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF CO- OPERATIVE ,GOVERNMENT OF BIHAR,PATNA. 3. THE REGISTRAR, DEPARTMENT OF CO-OPERATIVE, GOVT. OF BIHAR, PATNA. 4. THE MANAGING DIRECTOR, BEGUSARAI ,CENTRAL CO- OPERATIVE BANK LTD., BEGUSARAI. 5. THE BIHAR STATE ELECTION AUTHORITY, PATNA THROUGH ITS CHIEF ELECTION OFFICER, BARRACK NO. 11, OLD SECRETARIAT, PATNA-15. 6. THE DISTRICT MAGISTRATE-CUM- DISTRICT ELECTION OFFICER, CO-OPERATIVE SOCIETIES, BEGUSARAI. 7. THE ADDITIONAL COLLECTOR-CUM- ELECTION OFFICER, CO-OPERATIVE SOCIETY, BEGUSARAI. ----------- For the Petitioners : M/s Y.V. Giri, Sr. Adv. Mr. Ishwari Singh. Mr. Aditya Narayan Singh. Mr. Uday Chand Prasad. Mr. Nitiranjan Jha. Mr. Varun Kumar. Mr. Rakesh Kumar Jha. For the State : Mr. P.K. Shahi, Advocate General. For Election Authority: Mr. M.K.Thakur. Mr. K.B. Nath. -------------- 03 19.04.2010 Petitioners are members of various Primary 4 Agriculture Credit Societies. They are, undoubtedly, affiliated to the District level Central Co-operative Bank, whose apex body is the State Central Co-operative Bank. They have challenged the decision of the State Election Authority to hold election of the District Level Central Co-operative Bank. The basic challenge is that so far as District Level Central Co-operative Banks are concerned, the management thereof is elected by consortium of the Primary Agriculture Credit Societies, Vyapar Mandal Co- operative Societies and Cane Grower Societies and certain other affiliated Societies. It is pointed out that in 2008, the Bihar Co-operative Societies Act and the rules thereunder were drastically amended. Substantial changes were made to Section 14 and Section 44 of the Act. One significant change was that earlier where there were PACS at village level, at times, for more than one village by the amendment it was provided that the jurisdiction of PACS would be co-terminus to Gram Panchayat. Thus, this re-organization first has to take place. Mr. Y.V.Giri, learned Senior Counsel for the petitioners points out that while this re-organization was done, it was found that some Gram Panchayats now fell within urbanized area of municipality though not statutorily, it is now commonly referred to as Urban Panchayat. Admittedly, so far as other PACS are concerned, steps for holding elections have been completed but so far as such urban Panchayats are concerned, elections have 5 not yet been notified. Then it is submitted that the collegiums to elect Managing Committee of the District Central Co-operative Bank includes Vyapar Mandals. State has decided that Vyapar Mandals have to be co-terminus in their jurisdiction with the block in a district. This re-organization is yet to be accomplished . It is the Chairman of the Vyapar Mandal upon such re- constitution, which would be the voters for electing the Managing Committee of the District Central Co-operative Bank along with Chairman of the PACS. Learned Advocate General, Bihar, Patna does not contest the position that re-constitution of Vyapar Mandal and elections therein are yet to take place. The counter affidavit of the State admits that there are to be 534 Vyapar Mandals whereas only 391 Vyapar Mandals are existing. The grievance of the petitioners , therefore, is that without completing the election of PACS (urban) ,without re- constituting and completing election of Vyapar Mandals, whose Chairmans are to elect the members of the district of the Central Co-operative Banks, how can this election be permitted. The election, if permitted, would be on a totally defunct electoral mandate incomplete from very beginning. Considering this difficulty, learned Advocate General points out that under the new Scheme of the Agriculture Credit Soceity, Vyapar Mandals have no role to play. So far as District Central Co-operative Banks are concerned, apex body 6 would be the State Central Co-operative Bank, the apex body for PACS. So far as Vyapar Mandals are concerned, their apex body would be BISCOMAUN. Thus, two would be operating in separate fields but very fairly he concedes that till statutory provisions and exercise are taken delinking Vyapar Mandals from PACS and/or District Central Co-operative Banks, the two would continue to constitute a part of the collegiums to elect members of the District Central Co-operative Bank. Thus, the situation, as admitted by all parties, is that a large majority of voters for the purpose of electing members to the District Central Co-operative Bank and its Director is yet to be finalized and without the voter list being finalized how elections would at all be called. In my view, the submission is correct. When law provides that the Director and the members of the Managing Committee of the District Central Co-operative Bank would be elected by PACS, Vyapar Mandal and other such Co- operative Societies then without completing the formality with regard to each of the constituency there could be no meaning of election. If elections are held then the members, who would like to contest and would seek support of the representatives of the Vyapar Mandal are totally deprived of their electorate because Vyapar Mandals would not be in a position to participate in the said election. This, in my view, is sufficient to hold that till either Vyapar Mandals are totally de-linked from the District Central Co- operative Bank or their re-organization and election completed, no election can take place so far as District Central Co-operative 7 Banks are concerned or for that matter of the apex body, the State Central Co-operative Bank. For the reasons aforesaid, after hearing the parties, the election, as announced by the State Election Authority for the Director and the members of the Managing Committee of the District Central Co-operative Banks is quashed. The writ petitions are thus allowed. Singh/Trivedi (Navaniti Prasad Singh, J.)