IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 7420 of 2010 1. SHARDA NAND PANDEY S/O LATE SATYA NARAIN PANDEY R/O VILLAGE & P.O.- LAURIA, P.S.- GOBINDGANJ, DISTT.- EAST CHAMPARAN (MOTIHARI) Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY CO-OPERATIVE DEPARTMENT, GOVT. OF BIHAR, PATNA 2. THE REGISTRAR DEPARTMENT OF CO-OPERATIVE SOCIETIES, BIHAR, PATNA 3. THE JOINT REGISTRAR DEPARTMENT OF CO-OPERATIVE SOCIETIES, TIRHUT DIVISION, MUZAFFARPUR 4. THE BIHAR STATE ELECTION AUTHORITY THROUGH ITS SECRETARY BARRACK NO.11, OLD SECRETARIAT, PATNA 5. THE CHIEF ELECTION OFFICER, THE BIHAR STATE ELECTION AUTHORITY BARRACK NO. 11, OLD SECRETARIAT, PATNA 6. THE BLOCK DEVELOPMENT OFFICER, ARERAJ - CUM - ELECTION OFFICER RARHIA PACS IN THE DISTRICT OF EAST CHAMPARAN (MOTIHARI) 7. THE BLOCK CO-OPERATIVE EXTENSION OFFICER, ARERAJ-CUM-DY. ELECTION OFFICER RARHIA PACS, DISTT.- EAST CHAMPARAN, MOTIHARI 8. RARHIA PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD. (RARHIA PACS) HAVING ITS OFFICE AT LAURIA UNDER ARERAJ BLOCK, DISTT.- EAST CHAMPARAN, MOTIHARI 9. RAKESH PANDEY S/O LATE NAGESHWAR PANDEY SO CALLED ELECTED CHAIRMAN, RARHIA PACS, R/O VILLAGE & P.O.- LAURIA, P.S.- GOBINDGANJ, DISTT.- EAST CHAMPARAN (MOTIHARI) 10. NAWAL PANDEY S/O SRI RA, CHANDRA PANDEY R/O VILLAGE & P.O.- LAURIA, P.S.- GOBINDGANJ, DISTT.- EAST CHAMPARAN (MOTIHARI) 11. LALMUNI DEVI W/O SHARDA NAND PANDEY R/O VILLAGE & P.O.- LAURIA, P.S.- GOBINDGANJ, DISTT.- EAST CHAMPARAN (MOTIHARI) ----------- 2 18.05.2010 The petitioner has filed this writ application for a direction to respondent No 2, the Registrar, Cooperative Societies, Bihar, Patna to hear and dispose of the Election Appeal No 55 of 2010 as preferred by Rakesh Pandey, respondent No 9 at an early date. Counsel for the State Election Authority and counsel for the State representing the Registrar are present and have been heard. In view of the order that I propose to pass, there is no necessity of noticing any of the private respondents. Petitioner and respondent No 9 contested for the post of Chairman of Rarhia Primary Agricultural Credit Cooperative Society 2 Limited (PACS) having its registered office at Lauria under Areraj Block in the distict of East Champaran. Consequent to the elections held, respondent No 9 was declared elected whose election was challenged by the petitioner before the Joint Registrar, Cooperative Societies, Tirhut Division, Muzaffarpur who is the Election Tribunal in terms of Section 48 of the Bihar Cooperative Societies Act, 1935. After hearing the parties, the said Election Tribunal directed for recount of votes and consequential declaration of results afresh. Now petitioner is confident that he would succeed. However, before recounting could be done, respondent No 9 preferred an appeal before the Registrar, Cooperative Societies who admitted the Memo of Appeal and stayed the order of the Election Tribunal. Thereafter, the grievance of the petitioner is that petitioner made several attempts to get the matter finally heard and disposed of, but for some reason or the other, the matter is not taken up. The Registrar has since retired as well. The result is that the appeal, not being disposed of and stay having been granted, respondent No 9 continues to function as the Chairman of the PACS in question. Thus, petitioner prays for only a direction to the Registrar to immediately hear and dispose of the appeal. Having heard the learned counsels present, in my view, it is a fit case in which this Court would request the Registrar, Cooperative Societies, Bihar, Patna or any one, officiating in his place having power to hear appeal, to hear the appeal and dispose it of as early as possible but not later than three months from the date of production of a copy of this order of this Court before the said authority. Let it be recorded that this Court has not gone on merits of the issue which the Authority would see 3 when deciding the case on materials placed before it. With these observations, the writ petition stands disposed of. M.E.H./ (Navaniti Prasad Singh)