IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11362 of 2008 Dinesh Kumar Singh Versus The State Of Bihar & Ors ----------- 3. 30.09.2011 The petitioner is aggrieved by the order contained in memo No. 2025 dated 18.12.2006 by which the licence to run a P.D.S. shop has been transferred to someone else. The facts are that the petitioner was the Secretary of Behrawa Punchayat Sharmik Swablambi Sahyog Samiti Ltd. There was an Aam Sabha in the society and one Sita Ram Paswan was elected as Secretary, which resulted in the license being transferred in the name of the newly elected Secretary i.e. Sita Ram Paswan. The election of Sita Ram Paswan was challenged and ultimately quashed on 04.12.2008 by Memo No. 316 contained in Annexure 4. While quashing the Aam Sabha held on 22.10.2006 the Chairman-cum- Member of the Bihar Co-operative Societies Tribunal held that the society should elect their secretaries afresh. Learned counsel for the petitioner submits that since the election of Sitar Ram has been cancelled, the petitioner will automatically be elected to the post of the Secretary. It may be noted by this Court, that the order was issued in the year 2008 and it is expected that in the meantime Secretary of the society would have been chosen /elected. It may be noted that while holding that the resolution passed by the Committee authorizing Sita Ram Paswam to run a P.D.S. Shop was not found in accordance with law and the tribunal 2 has further directed them to appoint someone in place of Sita Ram Paswan. It does not disclose that as to whether the society has made such an appointment or not. However, it goes without saying that ultimately it is the society who decides as to who is to run the P.D.S. shop. The license is not granted to anyone in their personal capacity, rather it is granted in the name of the society and whosoever is elected the secretary manages the P.D.S. shop and distributes rations etc. to the members of the society. At present, the Court has no way of knowing the correct position and as such no positive order can be passed, except to say that ultimately it would be members of the society who would decide as to who would be secretary of the society. Saif/- (Sheema Ali Khan, J.)