IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16363 of 2009 1. SHAMBHU PRASAD SINGH S/O LATE RAM NANDAN SINGH R/O VILL.- KALYANPUR, P.S. PAROO, DISTT.- MUZAFFARPUR 2. RAMESH SINGH S/O LATE RAGHUBIR SINGH R/O VILL.- SOMGARH, P.O. BISHUNPUR KALYAN, P.S. SAHEBGANJ, DISTT.- MUZAFFARPUR Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, CO-OPERATIVE DEPTT. GOVT. OF BIHAR, PATNA 3. THE REGISTRAR, CO-OPERATIVE SOCIETIES, BIHAR, PATNA ----------- 02. 02.12.2010 Heard learned counsel for the petitioners and learned counsel for the State. The petitioners are aggrieved by the order dated 7.4.2009 issued by the Department of Co- operatives, directing all Managers of Vyapar Mandal Co-operative Societies of the State to amend Clause- 27 (1) by-laws that only the first class members, that is the Chairman of the P.A.C.S. shall be entitled to contest the Election for the Chairman of the Vyapar Mandal. It is submitted that by the aforesaid order the Registrar, Co-operative Societies, Bihar has directed all Vyapar Mandal Societies to amend their by-laws accordingly within 60 days. A counter affidavit has been filed by the respondents. In no uncertain turns, it states at paragraph-6 that the “proposed amendment is necessary in the larger interest of the societies engaged 2 in agriculture business”. It then goes on to reiterate in paragraph-7 that it was “still a proposal which has been sent to the Vyapar Mandal Co-operative Societies to obtain their opinion”. The last portion of that paragraph in no uncertain terms reiterates. “The Registrar, Co-operative Societies has not taken steps under this Sub-section and the proposal of amendment is still under consideration under Sub- section 26(1). As such, filing of this writ petition for quashing the proposed amendment is premature step of the petitioner”. Paragraph-10 then concludes with specific statement that “answering respondent has not amended the by-laws of the Vyapar Mandal Co- operative Societies, rather than it is still a proposal”. The apprehensions of the petitioner that he has been directed to amend the by-laws in exercise of powers under Section 26 (1) of the Co-operative Societies Act by the Registrar of the Co-operative Societies, stand belied by the clear stand of the respondent that the impugned order dated 7.4.2009 is only a proposal inviting objections from persons like the petitioner and a final decision is yet to be taken in accordance with law. The writ application is clearly premature. As and when the amendments may be brought into force and the petitioner is still aggrieved, 3 it shall always be open for it to question it afresh. The application stands disposed. P.K. ( Navin Sinha, J.)