IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7581 of 2008 With Interlocutory Application No.2213 of 2011 ====================================================== 1. Ramzan Ansari son of Md. Yar Ansari, Delegate, Bhabhua Cooperative Cold Storage Society Ltd., Bhabhua, District-Kaimur. 2. Wakil Prasad Yadav son of Late Ram Pravesh Singh Yadav, Delegate of Marhaura C.D. & C.M. Union Ltd., Marhaura, District-Saran. 3. Thano Munda son of Late Manki Munda, Delegate of Pandara LAMPS, Kanke, Ranchi, Jharkhand. 4. Satish Das son of Brahmdeo Das, Deletage of Sarsojole LAMPS, Shikarpara, Dumka, Jharkhand. 5. Narendra Sharma son of Late Baleshwar Singh, Delegate of Kurtha Byapar Mandal Sahyog Samiti Ltd., Kurtha, Distt.-Jehanabad. .... .... Petitioners Versus 1. The State of Bihar through the Secretary to the Government of Bihar, Cooperative Department, Bihar, Patna. 2. The Registrar, Cooperative Societies, Bihar, Patna. 3. The Under Secretary to the Government of Bihar, Cooperative Department, Bihar, Patna. 4. Shri P.K. Sinha, Joint Registrar (Marketing), Cooperative Societies, Bihar Patna-cum-The Election Officer, BISCOMAUN, Patna. 5. Chairman, Bihar State Cooperative Creative Marketing Union Ltd. (BISCOMAUN), West of Gandhi Maidan, Patna. 6. The Bihar State Cooperative Marketing Union Ltd. (BISCOMAUN), West of Gandhi Maidan, Patna through its Managing Director. .... .... Respondents ====================================================== With Civil Writ Jurisdiction Case No.9993 of 2008 ====================================================== Uday Kumar Mishra, son of Satendra Mishra, Resident of Mohalla Thakurwari Road, Shrinagar Sahpur, Aurangabad, P.S. Aurangabad Sadar, Patna High Court CWJC No.7581 of 2008 (16) dt.23-09-2011 2 / 28 2 District Aurangabad. .... .... Petitioner Versus 1. The State of Bihar. 2. The Secretary, Co-operative Department, Vikash Bhawan, New Secretariat, Bihar, Patna. 3. The Registrar, Co-operative Societies, Vikash Bhawan, New Secretariat, Bihar, Patna. 4. The Under Secretary, Co-operative Department, Vikash Bhawan, New Secretariat, Bihar, Patna. 5. P.P. Ojha, State Anushrawan Officer-cum-Election Officer, Bihar State Cooperative Bank Limited, Patna. 6. The Bihar State Cooperative Bank Limited, through its Managing Director, Ashok Raj Path, Patna. 7. The Chairman, Bihar State Cooperative Bank Limited, Ashok Raj Path, Patna. .... .... Respondents ====================================================== With Civil Writ Jurisdiction Case No.11468 of 2008 ====================================================== 1. Dhumnagar Primary Agriculture Credit Cooperative Society having its office at Dhumnagar, P.S. Nautan, Distt. West Champaran through its Chairman, Harish Chandra Prasad. 2. Harish Chandra Prasad, S/o Late Hari Narain Pd., Resident of Village Dhumnagar, P.S. Nautan, Distt. West Champaran. .... .... Petitioners Versus 1. The State of Bihar through the Secretary, Department of Cooperative, Bihar, Patna. 2. Shri Yogendra Prasad, son of name not known to petitioner, Secretary to Governor, Bihar, Patna. 3. Registrar, Cooperative Societies, Bihar, Patna. 4. Jt. Registrar, Cooperative Societies, Tirhut Division, Muzaffarpur. 5. District Cooperative Officer, West Champaran at Bettiah. 6. Asstt. Registrar, Cooperative Societies, Nautan, Distt. West Champaran. Patna High Court CWJC No.7581 of 2008 (16) dt.23-09-2011 3 / 28 3 7. Cooperative Extension Officers, C/o District Cooperative Officer, West Champaran at Bettiah. 8. Managing Director, National Central Cooperative Bank, Bettiah, West Champaran. .... .... Respondents ====================================================== With Civil Writ Jurisdiction Case No.11807 of 2008 ====================================================== Tarkeshwar Singh, S/o late Mahesh Singh, Resident of Village Dullahpur, P.S. Simeri, Distt. Buxar, at present Director, Central Cooperative Bank, Arrah. .... .... Petitioner Versus 1. The State of Bihar through Secretary, Department of Cooperative, Bihar, Patna. 2. Shri Yogendra Prasad, Secretary to the Governor, Bihar, Patna. 3. Registrar, Cooperative Societies, Bihar, Patna. 4. Jt. Registrar, Cooperative Societies, Patna Division. 5. District Cooperative Officer, Arrah, Distt. Bhojpur. 6. Arrah Central Cooperative Bank, Arrah, through its Managing Director. .... .... Respondents ====================================================== With Civil Writ Jurisdiction Case No.13186 of 2008 ====================================================== 1. Usman Chak Primary Agriculture Credit Co-operative Society through its Chairman Dhaneshwar Mochi, son of Late Ramdhani Mochi, Village Usman Chak, P.S. Masaurhi, District-Patna. 2. Bhadaura Primary Agriculture Credit Co-operative Society through its Chairman Nageshwar Prasad Singh, son of Late Chandrika Singh, village Bhadaura, P.S. Masaurhi, District-Patna. 3. Rewa Primary Agriculture Credit Co-operative Society through its Chairman Ganesh Prasad Singh, son of Late Jagat Pd. Singh, Village Saguni, P.S. Masaurhi, District-Patna. .... .... Petitioners Patna High Court CWJC No.7581 of 2008 (16) dt.23-09-2011 4 / 28 4 Versus 1. The State of Bihar through the Secretary to the Government, Department of Law, Bihar, Patna. 2. The Secretary to the Government, Cooperative Department, Bihar, Patna. 3. The Registrar, Cooperative Societies, Bihar, Patna. 4. The District Cooperative Officer, Patna. 5. The Assistant Registrar, Cooperative Societies, Masaurhi, District- Patna. .... .... Respondents ====================================================== With Civil Writ Jurisdiction Case No.14376 of 2008 ====================================================== Shashi Bhushan Prasad Singh, aged about 56 years, son of Sri Janardhan Prasad Singh, Resident of Village- Goar Dharmpur, P.O.-Nadama Tola, P.S. Barh, Distt. Patna, at present Chairman of Nadama Panchayat PACS (West), Barh. .... .... Petitioner Versus 1. The State of Bihar. 2. The Registrar Cooperative, Government of Bihar, Patna. 3. Joint Registrar, Patna Division, Patna. 4. The District Cooperative Officer, Patna. 5. Assistant Registrar Barh, Distt.-Patna. .... .... Respondents ====================================================== With Civil Writ Jurisdiction Case No.14635 of 2008 ====================================================== 1. Sindhuwari Primary Agriculture Credit Cooperative Society having its office at Erarzi Nainha, P.S. Hajipur Sadar, Distt Vaishali through its Chairman, Sri Birendra Kumar (petitioner no.2) 2. Birendra Kumar, S/o Shri Jamun Rai, resident of Nainha, P.S. Hajipur Sadar, Distt Vaishali Chairman of the Sindhuwari PACS (petitioner no.1). Patna High Court CWJC No.7581 of 2008 (16) dt.23-09-2011 5 / 28 5 .... .... Petitioners Versus 1. The State of Bihar through the Secretary to the Government, Department of Law, Bihar, Patna. 2. The Secretary to the Government, Cooperative Department, Bihar, Patna. 3. The Registrar, Cooperative Societies, Bihar, Patna. 4. The Jt. Registrar, Cooperative Societies, Tirhut Division, Muzaffarpur. 5. The District Cooperative Officer, Vaishali at Hajipur. 6. Asstt. Registrar, Cooperative Societies, Hajipur, Dist. Vaishali. 7. Block Cooperative Extension Officer, Hajipur Distt. Vaishali. 8. Cooperative Extension Officer attached to the Vyapar Mandal Cooperative Society, Hajipur, Distt. Vaishali. .... .... Respondents ====================================================== With Civil Writ Jurisdiction Case No.15080 of 2008 ====================================================== Karmopur Primary Agriculture Credit Cooperative Society having its office at Mirzapur, P.S. Raghopur, Distt. Vaishali through its Chairman, Smt. Bhanu Devi, W/o Shri Bikram Kumar Singh, Resident of Village Mirzapur, P.S. Raghopur, Distt. Vaishali. .... .... Petitioners Versus 1. The State of Bihar through the Secretary to the Government, Department of Law, Bihar, Patna. 2. The Secretary to the Government, Cooperative Department, Bihar, Patna. 3. The Under Secretary to the Government, Cooperative Department, Bihar, Patna. 4. The Registrar, Cooperative Societies, Bihar, Patna. 5. District Cooperative Officer, Vaishali at Hajipur. 6. Asstt. Registrar, Cooperative Societies, Raghopur Block, Dist. Vaishali. 7. Block Cooperative Extension Officer, Raghopur, Distt. Vaishali. 8. Cooperative Extension Officer Raghopur Block, Distt. Vaishali. …. …. Respondents 1st Party Patna High Court CWJC No.7581 of 2008 (16) dt.23-09-2011 6 / 28 6 9. Jaferabad Primary Agriculture Credit Cooperative Society having its office at Jaferabad, P.S. Raghopur, Distt. Vaishali through its Chairman, Shri Bhagwan Lal Rai, father‟s name not known, Resident of Village Jaferabad, P.S. Raghopur, Distt. Vaishali. .... .... Respondent 2nd Party ====================================================== With Civil Writ Jurisdiction Case No.15082 of 2008 ====================================================== Sukumarpur Primary Agriculture Credit Cooperative Society having its office at Sukumarpur, P.S. Raghopur, Distt. Vaishali through its Chairman, Shri Ajit Kumar Singh, S/o Late Satyendra Narain Singh, Resident of Village Sukumarpur, P.S. Raghopur, Distt. Vaishali. .... .... Petitioner Versus 1. The State of Bihar through the Secretary to the Government, Department of Law, Bihar, Patna. 2. The Secretary to the Government, Cooperative Department, Bihar, Patna. 3. The Under Secretary to the Government, Cooperative Department, Bihar, Patna. 4. The Registrar, Cooperative Societies, Bihar, Patna. 5. District Cooperative Officer, Vaishali at Hajipur. 6. Asstt. Registrar, Cooperative Societies, Raghopur Block, Dist. Vaishali. 7. Block Cooperative Extension Officer, Raghopur, Distt. Vaishali. 8. Cooperative Extension Officer Raghopur Block, Distt. Vaishali. …. …. Respondents 1st Party 9. Jahangirpur Primary Agriculture Credit Cooperative Society having its office at Jahangirpur, P.S. Raghopur, Distt. Vaishali through its Chairman, Shri Sabhapati Singh, father‟s name not known, Resident of Village Jahangirpur, P.S. Raghopur, Distt. Vaishali. .... .... Respondent 2nd Party ====================================================== Appearance : (In CWJC No.7581 of 2008) For the Petitioners : Mr. Y.V. Giri, Senior Advocate with Patna High Court CWJC No.7581 of 2008 (16) dt.23-09-2011 7 / 28 7 Mr. Nitiranjan Jha, Advocate Mr. Rakesh Kumar Jha, Advocate Mrs. Kiran Kumari, Advocate For the Respondents 1 to 4: Mr. Lalit Kishore, AAG-1 with Mr. Vikash Kumar, A.C. to AAG-1 Mr. Shivam Singh, A.C. to AAG-1 For the Respondent No.5 : Mr. Ishwari Singh, Advocate For the Interveners : Mr. Anil Amrit, Advocate with (I.A. No.2213 of 2011) Mr. Mukesh Kumar, Advocate (In CWJC No.9993 of 2008) For the Petitioner : Mr. Yogendra Mishra, Advocate For the Respondent State : Mr. Lalit Kishore, AAG-1 with Mr. Vikash Kumar, A.C. to AAG-1 Mr. Shivam Singh, A.C. to AAG-1 For the Respondent No.6: Mr. Rajesh Prasad Choudhary, Advocate (In CWJC No.11468 of 2008) For the Petitioners : Mr. Yogendra Mishra, Advocate with Mr. Raghunath Kumar, Advocate For the Respondent State : Mr. Lalit Kishore, AAG-1 with Mr. Vikash Kumar, A.C. to AAG-1 Mr. Shivam Singh, A.C. to AAG-1 (In CWJC No.11807 of 2008) For the Petitioner : Mr. Yogendra Mishra, Advocate with Mr. Raghunath Kumar, Advocate For the Respondent State : Mr. Lalit Kishore, AAG-1 with Mr. Vikash Kumar, A.C. to AAG-1 Mr. Shivam Singh, A.C. to AAG-1 (In CWJC No.13186 of 2008) For the Petitioners : Mr. Yogendra Mishra, Advocate with Mr. Raghunath Kumar, Advocate For the Respondent State : Mr. Lalit Kishore, AAG-1 with Mr. Vikash Kumar, A.C. to AAG-1 Mr. Shivam Singh, A.C. to AAG-1 (In CWJC No.14376 of 2008) For the Petitioner : None For the Respondent State : Mr. Lalit Kishore, AAG-1 with Patna High Court CWJC No.7581 of 2008 (16) dt.23-09-2011 8 / 28 8 Mr. Vikash Kumar, A.C. to AAG-1 Mr. Shivam Singh, A.C. to AAG-1 (In CWJC No.14635 of 2008) For the Petitioners : Mr. Yogendra Mishra, Advocate with Mr. Raghunath Kumar, Advocate Mr. Lakshmi Kant Tiwary, Advocate For the Respondent State : Mr. Lalit Kishore, AAG-1 with Mr. Vikash Kumar, A.C. to AAG-1 Mr. Shivam Singh, A.C. to AAG-1 (In CWJC No.15080 of 2008) For the Petitioner : Mr. Yogendra Mishra, Advocate Mr. Raghunath Kumar, Advocate For the Respondent State : Mr. Devendra Kumar Sinha, AAG-2 with Mr. Biresh Kumar Sinha, A.C. to AAG-2 (In CWJC No.15082 of 2008) For the Petitioner : Mr. Yogendra Mishra, Advocate Mr. Raghunath Kumar, Advocate For the Respondent State : Mr. Lalit Kishore, AAG-1 with Mr. Vikash Kumar, A.C. to AAG-1 Mr. Shivam Singh, A.C. to AAG-1 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE JYOTI SARAN C.A.V. ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 16. 23-09-2011 This group of writ petitions under Article 226 of the Constitution are filed by the elected delegates of various Primary Agricultural Credit Cooperative Societies (hereinafter referred to as “the PACS”) in the State of Bihar. The petitioners have challenged the constitutional validity of Section 14A (1) and 14A (2) of the Bihar Cooperative Societies Act, 1935 (hereinafter referred to as „the Act of 1935‟) inserted by Section 5 of the Bihar Patna High Court CWJC No.7581 of 2008 (16) dt.23-09-2011 9 / 28 9 Cooperative Societies (Amendment) Act, 2008 (Bihar Act 18 of 2008 published in the Official Gazette on 30th April 2008) (hereinafter referred to as „the Act of 2008‟) and the Government Notification dated 1st May 2008. The petitioners have also challenged the order dated 1st May 2008 made by the respondent no.2, the Registrar, Cooperative Societies, Bihar (hereinafter referred to as „the Registrar‟). The matter at dispute is the election of the Governing Body of the Bihar State Cooperative Marketing Union Limited (hereinafter referred to as „the BISCOMAUN‟), a Cooperative Society registered under the Bihar Cooperative Societies Act, 1935. The BISCOMAUN is the apex Cooperative Society of which the district level Marketing Societies and the Panchayat level Primary Agricultural Credit Societies (PACS) are the members. Pursuant to the report of the Baidyanathan Committee, with a view to reviving the short term cooperative credit structure, the State of Bihar has, under the Act of 2008, made certain amendments to the Act of 1935. The impugned section 14A is part of that amendment. The State of Bihar has, with a view to providing a common mechanism and procedure for holding elections of the managing committees of the cooperative societies and elected representatives of the bodies and institutions managed by the elected bodies, established the State Election Authority under the Bihar State Election Authority Act, 2008 (Bihar Act 14 of 2008 published in the Official Gazette on 23rd April 2008) (hereinafter referred to as “the Act 14 of 2008”). The Election Authority is constituted under Section 3 of the said Act. Section 4 of the said Act confers the power, authority and jurisdiction of superintendence, direction and control of the preparation of Patna High Court CWJC No.7581 of 2008 (16) dt.23-09-2011 10 / 28 10 electoral rolls and for conduct of elections to such bodies as Cooperative Societies, Shiksha Samiti or any other institution, organization, establishment, which may be entrusted to it by the State Government. Section 5 of the said Act provides for administrative machinery for conduct of election. In exercise of power conferred by the aforesaid Section 14A (1) of the Act of 1935 read with the Act 14 of 2008, the State Government, under impugned Notification dated 1st May 2008, brought seven societies including the PACS, the Marketing Societies and the BISCOMAUN within the purview of the State Election Authority constituted under the aforesaid Bihar State Election Authority Act, 2008. The said Notification was published in the Government gazette on 7th May 2008. Under the prevailing Bye-laws, election of the governing body of the BISCOMAUN is held from amongst the delegates elected by the constituent district level Marketing Cooperative Societies and the PACS. The delegates elected by the aforesaid district level Marketing Cooperative Societies (Marketing Societies) and the PACS elect from amongst themselves the members of the governing body and the Managing Director of the BISCOMAUN. The term of the existing governing body of the BISCOMAUN was about to expire on 24th May 2008. In the wake of completion of the term of the existing governing body, the Registrar, Co-operative Societies, Bihar under his order dated 3rd March 2008 declared election programme for election of the delegates of the Marketing Societies and the PACS and the election of the governing body of the BISCOMAUN. The election of the delegates of the PACS was completed on 12th April 2008 as scheduled. The petitioners are those delegates who were elected by the respective PACS on 12th April 2008. Before the date of filing Patna High Court CWJC No.7581 of 2008 (16) dt.23-09-2011 11 / 28 11 nominations for election to the governing body of the BISCOMAUN on 12th May 2008, the Act of 1935 was amended by the Act of 2008. In view of Section 14A inserted by the Act of 2008 and the Government Notification dated 1st May 2008, the PACS and the BISCOMAUN having been brought within the purview of the State Election Authority, the Registrar, by order dated 1st May 2008, stayed the election process for election of the governing body of the BISCOMAUN. Feeling aggrieved the petitioners have filed the present writ petitions to challenge constitutional validity of Section 14A of the Act of 1935 and the Notification dated 1st May 2008 and also to challenge the order dated 1st May 2008 made by the Registrar. As the said order was made before the Government Notification was published in the Official Gazette, by order dated 7th May 2008 made on C.W.J.C. No. 7581 of 2008, the same was stayed. In view of the Court order, after the Notification was published in the Official Gazette on 7th May 2008, on 9th May 2008 the Registrar made order afresh. This time the Registrar not only stayed the process for election of the governing body of the BISCOMAUN but he also stayed the election of the delegates of the PACS. The said order dated 9th May 2008 has also been challenged in Interlocutory Application No.2893 of 2008. Section 14A of the Act of 1935 reads as under: “14A. Election to the Managing Committee of certain registered societies.- (1) The Government may by notification in the Official Gazette prescribe that election to the Managing Committee of a class or classes of registered societies shall be conducted by an authority, by whatever name such an authority may be known, Patna High Court CWJC No.7581 of 2008 (16) dt.23-09-2011 12 / 28 12 created for the purpose of conduct of election to the Managing Committee of registered societies under this Act and/or for any other body, organization, committee etc. and in the manner prescribed for the conduct of election by such authority. (2) Notwithstanding anything contained in any provision of this Act, rules made thereunder and bye laws of a registered society, the election to the Managing Committee of such class or classes of registered societies notified under sub-section (1), shall, after the date of such notification, be held in terms of the provision of this section, even if the process of election has commenced but the result of such election has not been declared prior to that date. (3) Notwithstanding any thing contained in sub-section (9) of Section-14 of this Act, rules made thereunder and the bye laws of a registered society, the election to the Managing Committee of the class or classes of registered societies notified under sub-section (1) shall be held within six months from the date of such notification which may further be extended for a period of six months. (4) Notwithstanding anything contained in sub-section (9) of Section-14 of this Act, rules made thereunder and the bye laws of a registered society, if the term of the Managing Committee of such registered societies notified under sub-section Patna High Court CWJC No.7581 of 2008 (16) dt.23-09-2011 13 / 28 13 (1) expires after the notification under that sub- section, shall get extended till such time the Managing Committee is constituted after elections in terms of the provision contained in that sub- section. (5) Any registered society notified under sub-section (1) and after the constitution of its Managing Committee under sub-section (2) is superseded or ceases to exist for whatever reason, before the expiry of its terms under sub-section (9) of Section-14, the election to the Managing Committee for such society shall be conducted by the same authority as prescribed under sub-section (1). The term of such Managing Committee including the term held by the earlier Managing Committee along with the period due to supersession or otherwise, if any, shall not exceed the period prescribed under the provision of sub- section (9) of Section-14. (6) No election to any class or classes of registered societies notified under sub-section (1) shall not be called in question except by way of an election petition filed within ninety days from declaration of the result of such election and the same shall be decided as a dispute under Section- 48 of this Act. Such an election petition shall be filed before the Registrar or such other officer appointed to assist the Registrar under Section-6 of this Act.” Learned counsel Mr. Y.V. Giri has appeared for the Patna High Court CWJC No.7581 of 2008 (16) dt.23-09-2011 14 / 28 14 petitioners. He has submitted that the impugned Notification bringing the BISCOMAUN within the purview of the Election Authority is vitiated by malafide. He has submitted that the Act of 2008 was enacted on 18th April 2008 and was published in the official gazette of the State Government on 30th April 2008. The said Act, therefore, became effective on 30th April 2008. Immediately on 1st May 2008 the impugned Notification was issued under Section 14A of the Act of 1935 bringing the BISCOMAUN within the purview of the State Election Authority. The intention to nullify the election of the writ petitioners as the delegates of the respective PACS is writ large in the conduct of the State Government. Mr. Giri has submitted that Section 14A of the Act of 1935 confers unfettered and indiscriminate power upon the State Government to bring any Cooperative Society within the purview of the State Election Authority or any other authority created for the purpose. Such indiscriminate power is likely to be misused and in the present case, as demonstrated above, it is in fact misused. The conferment of power without any guidelines amounts to excessive delegation of power which in itself vitiates the enactment. In the alternative Mr. Giri has submitted that under impugned Section 14A of the Act of 1935 the election of a society is required to be held afresh in case the election has commenced but not completed. In the present case, the election of the writ petitioners as the delegates of the PACS was completed before the date of the Act of 2008. The said election, therefore, need not be and cannot be directed to be held afresh. May be, that the election of the governing body of the BISCOMAUN from amongst the delegates elected by the PACS is required to be Patna High Court CWJC No.7581 of 2008 (16) dt.23-09-2011 15 / 28 15 conducted by the Election Authority. In support of his submissions Mr. Giri has relied upon the judgments of the Hon‟ble Supreme Court in the matters of M/s Devi Das Gopal Krishna, etc. v. State of Punjab and others, (A.I.R. 1967 S.C. 1895); and of The State of Punjab and another v. Khan Chand, [(1974) 1 SCC 549]; and of this Court in the matters of Vidya Singh v. The State of Bihar and others (1989 PLJR 377); and of Rameshwar Singh v. State of Bihar and others, [1993 (1) BLJ 210]. The Petitions are contested by the learned Additional Advocate General-1 Mr. Lalit Kishore. He has submitted that unless it is demonstrated that the impugned provision contravenes any of the provisions of the Constitution, the same cannot be held to be ultra vires. In support of his submission he has relied upon the judgments of the Hon‟ble Supreme Court in the matters of Government of Andhra Pradesh and others v. P. Laxmi Devi (Smt.), [(2008) 4 SCC 720); of Sardar Sarup Singh and others v. State of Punjab and others, (A.I.R. 1959 S.C. 860); of Ram Krishna Dalmia v. Justice Tendolkar, (A.I.R. 1958 S.C. 538); of The State of West Bengal v. Anwar Ali Sarkar and another, (A.I.R. 1952 S.C. 75); of Kathi Raning Rawat v. State of Saurashtra, (A.I.R. 1952 S.C. 123); of V.C. Shukla v. Delhi Admn., (A.I.R. 1980 S.C. 1382); of L.N. Mukherjee v. State of Madras, (A.I.R. 1961 S.C. 1601); of Matajog Dobey v. H.C. Bhari, (A.I.R. 1956 S.C. 44); of this court in the matter of Bihar Agriculture Marketing Board Employees Association v. State of Bihar, [2008 (2) PLJR 274]; and of the Supreme Court of the United States in the matter of Charlie Middleton, Plff. In Err., v. Texas Power & Light Company, (249 U.S. 152). Learned advocate Mr. Ishwari Singh has appeared for Patna High Court CWJC No.7581 of 2008 (16) dt.23-09-2011 16 / 28 16 the Chairman, BISCOMAUN. He has supported the writ petitions. Learned advocate Mr. Yogendra Mishra has appeared for the Central Cooperative Bank in C.W.J.C. Nos. 11807 of 2008, 13186 of 2008 and 15082 of 2008. He has supported the writ petitions. He has submitted that impugned Section 14A of the Act of 1935 infringes the fundamental right to form association conferred by Article 19(1)(c) of the Constitution. He has also relied upon Section 44AQ of the Act of 1935. Under Section 6 of the Act of 2008 the State Government has made certain amendment in Section 44AQ of the Act of 1935. Section 44AQ of the Act of 1935 empowers the Registrar to order liquidation of the societies and amalgamation of several societies. The sub-sections (2), (3) and (4) of the said Section 44AQ, since its amendment by the Act of 2008, read as under: 44AQ “(2)(a) In order to achieve the objective of this Act, to bring uniformity in the operation of the societies