IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1964 of 2010 1. VIJAY KUMAR UPADHYAY S/O SHRI SURESH KUMAR UPADHYAY R/O VILL-RAIPURA, P.S BHELDI, DISTT- SARAN Versus 1. THE STATE OF BIHAR THROUGH THE CO-OPERATIVE DEPARTMENT, BIHAR, PATNA 2. THE RGISTRA CO-OPERATIVE SOCIETIES, BIHAR, PATNA 3. THE DISTRICT CO-OPERATIVE OFFICER, SARAN AT CHAPRA CUM DEPUTY DISTRICT ELECTION OFFICER, PACS 4. RAIPURA PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETIES null HAVING ITS OFFICE AT RAIPURA, P.S BHELDI, DISTT- SARAN THROUGH TIS CHAIRMAN ----------- 2/ 15/04/2011 Heard learned counsel for the petitioner and learned counsel for the State. The grievance of the petitioner is that the Assistant Registrar, Cooperative Societies, Chapra Circle at Chapra who is also the District Cooperative Officer may not hear Election Dispute Case No.139/09 transferred to him by the Registrar, Cooperative Societies. It is submitted that the Assistant Registrar/District Cooperative Officer is alleged to have wrongly enrolled certain members. The petitioner apprehends that he has lost by a narrow margin because of these wrongfully enrolled members. The submission therefore is that fairness demands that the Assistant Registrar/District Cooperative Officer may not hear the case. It appears that on the aforesaid grounds the petitioner has already represented before the Registrar, Cooperative Societies. 2 It is trite law that justice must not only be done, but it also must appear to be done. Let the Registrar, Cooperative Societies pass appropriate reasoned and speaking order after hearing all concerned within a maximum period of two months from the date of receipt/production of a copy of this order. Pending disposal of such application, if the petitioner files any application for interim relief with regard to Election Case No.139/09, the Registrar, Cooperative Societies is expected to hold court on the days fixed in the week for holding court, and to deal with the same expeditiously in accordance with law so that the petitioners are not non-suited in the election petition due to delay in decision or an irretrievable stage of the election case is not allowed to be reached. The writ application stands disposed. KC ( Navin Sinha, J.)