IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8516 of 2009 1. Shiv Shankar Choudhary S/o Sita Ram Choudhary, Resident of Village- Malahi Tolla, P.S. Lauriya, District West Champaran 2. Law Kush Matasyajivi Swablambi Sahkari Samiti Ltd. Bagaha-II, through its Chief Executive Shiv Shankar Choudhary Versus 1. The State Of Bihar 2. The District Cooperative Officer, Bettiah 3. The Asst. Registrar, Cooperative Society Bagaha Anchal, Bagaha 4. The D.F.O., Betiah 5. Surendra Kumar S/o Vishwanath Sah, R/o Vill- Dumaulia Kailash Nagar, P.O. Narainpur, P.S. Bagaha, Dist. West Champaran so called Chief Executive of Lav Kush Matasyajivi Swablambi Sahkari Samiti Ltd. Bagaha-II. 6. Murari Sahni, S/o Tribeni Sahni, Ex-Chief Executive of Law Kush Matasyajivi Swablambi Sahkari Samiti Ltd. Bagaha-II, , R/o Vill Dumaulia Kailash Nagar, P.O. Narainpur, P.S. Bagaha, Dist. West Champaran ----------- For the Petitioners : M/s Pashupati Pd. Sinha & Deepak Kumar, Advocates For the State : Mr. Shambhu Nath, A.C. to G.P. X For Respondent no.5 :M/s Ashutosh Ranjan Pandey & Anshuman, Advocates 03/ 26.11.2009 Having heard counsel for the parties and having noticed the fact that the Tribunal in terms of Sections 39 and 40 of the Bihar Self Supporting Co- operative Societies Act, 1996 (hereinafter referred to as the Act) is not in office, this Court directs the Registrar, Co-operative Societies to conduct enquiry into the affairs of Lav Kush Matasyajivi Self Supporting Cooperative Society, Bagaha-II (hereinafter referred to as the Society) and to consider the validity of the impugned order, bearing letter no. 204 dated 24.6.2009, Annexure-1, whereunder Private Respondent no.5 has been appointed Chief Executive of the Society by the Board of Directors elected under 2 certificate of election dated 21.5.2009, Annexure-A to the counter affidavit filed on behalf of Private Respondent no.5. In this connection, it is pointed out that the Board of Directors of the Society was elected on 28.2.2005 for a term of five years and it appointed Sri Shiv Shankar Choudhary as the Chief Executive under order dated 19.1.2009 and the appointment of Sri Shiv Shankar Choudhary could not have been ignored until the term of office of the Board of Directors appointed on 28.2.2005 is not ceased by the General Body of the Society in terms of sub-clause (2) of Clause 39 of the Bye-Laws after notice to the Board of Directors in terms of Clause 33 of the Bye-Laws. The Registrar, Cooperative Societies will consider the validity of Annexure-1 in the light of his findings about the validity of the certificate of election dated 21.5.2009, Annexure-A to the counter affidavit. The petitioners and Private Respondent no.5 are directed to appear before the Registrar, Cooperative Societies within two weeks from today and the Registrar should conclude the enquiry and pass appropriate orders in the light of my order within another two weeks after giving opportunity of being heard to the parties. The Registrar, Cooperative Societies shall consider the request of the parties to 3 stay the operation of Annexure-1 to this application as also Annexure-A to the counter affidavit after giving the opportunity of being heard to the parties. This writ application is, accordingly, disposed of. Arjun/ ( V.N. Sinha, J.)