IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 6082 of 2010 1. KUMUD RANJAN MISHRA S/O SRI MAHENDRA KUMAR MISHRA R/O VILL.- PIPRA BAGAHI, P.S.- KUTUMBA, DISTT.- AURANGABAD 2. DHANANJAY KUMAR SINGH S/O LATE BRIHASPATI SINGH R/O VILL.- HIRABIGHA, P.S.- RISIUP, DISTT.- AURANGABAD Versus 1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, CO-OPERATIVE DEPARTMENT, BIHAR, PATNA 2. BIHAR STATE ELECTION AUTHORITY, OLD SECRETARIAT PATNA THROUGH ITS DEPUTY SECRETARY 3. THE REGISTRAR, CO-OPERATIVE SOCIETIES, BIHAR, PATNA 4. THE DISTRICT MAGISTRATE-CUM-DISTRICT EDUCATION OFFICER, AURANGABAD, DISTT.- AURANGABAD, BIHAR 5. THE DISTRICT CO-OPERATIVE OFFICER, AURANGABAD, BIHAR 6. THE BLOCK CO-OPERATIVE EXTENSION OFFICER, KUTUMBA, DISTT.- AURANGABAD 7. THE ASSISTANT REGISTRAR, CO-OPERATIVE SOCIETIES, AURANGABAD 8. MANAGING DIRECTOR, CENTRAL CO-OPERATIVE BANK LTD., AURANGABAD, BIHAR WITH CWJC No 15090 of 2009 1. MANOJ SHUKLA S/O LATE PANCHNAND SHUKLA R/O VILL.- CHANDRAUL, P.S.- NAWALPUR AND DISTT.- WEST CHAMPARAN Versus 1. THE STATE OF BIHAR 2. THE CHIEF ELECTION OFFICER, BIHAR STATE ELECTION AUTHORITY BARRACK NO. 11-OLD SECRETARIAT, PATNA 3. THE DEPUTY SECRETARY, BIHAR STATE ELECTION AUTHORITY BARRACK NO. 11-OLD SECRETARIAT, PATNA 4. THE REGISTRAR, CO-OPERATIVE SOCIETIES, BIHAR VIKASH BHAWAN, PATNA 5. THE DISTRICT MAGISTRATE, WEST CHAMPARAN 6. THE DISTRICT CHIEF SUPERVISOR OF PACS ELECTION-CUM-DEPUTY COLLECTOR WEST CHAMPARAN 7. THE ELECTION OFFICER-CUM-BLOCK DEVELOPMENT OFFICE, JOGPATTI BLOCK DISTT.- WEST CHAMPARAN 8. THE BLOCK CO-OPERATIVE EXTENSION OFFICER, JOGAPATTI BLOCK DISTT.- WEST CHAMPARAN WITH CWJC No 6087 of 2010 1. SATISH KUMAR SINGH S/O SRI DEV NARAIN SINGH R/O VILL.- BANS KOTHI, P.O. DIGHA GHAT, P.S. DIGHA, DISTT.- PATNA Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, COOPERATIVE DEPARTMENT, GOVT. OF BIHAR 2. THE REGISTRAR, COOPERATIVE SOCIETIES, BIHAR, PATNA 3. THE BIHAR STATE ELECTION AUTHORITY, THROUGH THE CHIEF ELECTION OFFICER, BARRACK NO. 11, OLD SECRETARIAT, PATNA 4. THE PATLIPUTRA CENTRAL COOPERATIVE BANK LTD., THROUGH ITS MANAGING DIRECTOR, MADANHARI BHAWAN, S.P.VERMA ROAD, PATNA - 2 - 5. THE PASCHIMI DIGHA PRIMARY AGRICULTURAL CREDIT COOPERATIVE SOCIETIES LTD., AT & P.O. PASCHIMI DIGHA, DISTT.- PATNA WITH CWJC No 6097 of 2010 1. DIPAK KUMAR JHA S/O SHRI GYANESHWAR JHA R/O VILL.- BARHARWA, PACS- PURVI TURAHAPATTI, P.S.- SIRISIA, O.P. (CHANPATIA), DISTT.- WEST CHAMPARAN 2. ANAND KUMAR GUPTA S/O LATE PANDIT PRASAD R/O VILL.- MACCHARGAWAN BAZAR, PACS- MACCHARGAWAN, P.S.- YOGAPATTI, DISTT.- WEST CHAMPARAN 3. ANIRUDHA YADAVA S/O MANLAL YADAVA R/O VILL.- GOLAGHAT, PACS- DUMARI, P.S.- YOGAPATTI, DISTT.- WEST CHAMPARAN 4. MANOJ SHUKLA S/O LATE PANCHANAND SHUKLA R/O VILL.- CHANDRAUL, PACS SISWA BAIRAGI, P.S.- NAWALPUR, DISTT.- WEST CHAMPARAN Versus 1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, CO-OPERATIVE DEPARTMENT, BIHAR, PATNA 2. BIHAR STATE ELECTION AUTHORITY, OLD SECRETARIAT PATNA THROUGH ITS DEPUTY SECRETARY 3. THE REGISTRAR, CO-OPERATIVE SOCIETIES, BIHAR, PATNA 4. THE DISTRICT MAGISTRATE CUM DISTRICT ELECTION OFFICER, WEST CHAMPARAN, BETTIAH 5. THE DISTRICT CO-OPERATIVE OFFICER, WEST CHAMPARAN, BETTIAH 6. THE JOINT REGISTRAR, CO-OPERATIVE SOCIETIES, MUZAFFARPUR, BIHAR 7. THE BLOCK CO-OPERATIVE EXTENSION OFFICER, CHANPATIA, WEST CHAMPARAN, BETTIAH 8. THE BLOCK CO-OPERATIVE EXTENSION OFFICER, YOGAPATTI, WEST CHAMPARAN, BETTIAH 9. THE ASSISTANT REGISTRAR, CO-OPERATIVE SOCIETIES, WEST CHAMPARAN, BETTIAH 10. MANAGING DIRECTOR, CENTRAL CO-OPERATIVE BANK LTD., WEST CHAMPARAN, BETTIAH WITH CWJC No 6515 of 2010 1. MD. NAQUEEB ALAM S/O MD. HANNAN R/O VILL. AND P.O. SIGORI, P.S. SIGORI, DISTT.- PATNA Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, COOPERATIVE DEPARTMENT, GOVT. OF BIHAR 2. THE REGISTRAR, COOPERATIVE SOCIETIES, BIHAR, PATNA 3. THE BIHAR STATE ELECTION AUTHORITY, THROUGH THE CHIEF ELECTION OFFICER, BARRACK NO. 11, OLD SECRETARIAT, PATNA 4. THE PATLIPUTRA CENTRAL COOPERATIVE BANK LTD., THROUGH ITS MANAGING DIRECTOR, MADANHARI BHAWAN, S.P.VERMA ROAD, PATNA 5. THE SIGORI PRIMARY AGRICULTURAL CREDIT COOPERATIVE SOCIETIES LTD., AT & P.S. SIGORI, BLOCK- PALIGANJ, DISTT.- PATNA WITH CWJC No 6655 of 2010 1. NARAYAN MANDAL, S/O MOTI LAL MANDAL, R/O VILLAGE-SOHEYMARO, PACS - DERHUS, BLOCK- SIKTI,P.S.-SIKTI,DISTRICT-ARARIA. 2. BEDA NAND MANDAL, S/O LATE GUJAN LAL MANDAL, R/O VILLAGE-SATBER, PACS - THENGAPUR, BLOCK- SIKTI,P.S.-BARDAHA SIKTI,DISTRICT-ARARIA. - 3 - 3. BINOD KUMAR MANDAL, S/O LATE KAILU DAS, R/O VILLAGE-BHIRBHIRI, PACS - BHIRBHIRI, BLOCK- SIKTI,P.S.-SIKTI,DISTRICT-ARARIA. 4. ARUN KUMAR YADAV, S/O DUKHAN LAL YADAV, R/O VILLAGE-BOKANTARI, PACS - BOKANTARI, BLOCK- SIKTI,P.S.-SIKTI,DISTRICT-ARARIA. 5. MUKESH CHANDRA PRAMANIK, S/O JUGESH PRAMANIK, R/O VILLAGE- MURARIPUR, PACS -MURARIPUR, BLOCK- SIKTI,P.S.-SIKTI,DISTRICT-ARARIA. 6. MD. TAIB ALAM, S/O LATE LIYAQAT HUSSAIN, R/O VILLAGE- SEMALBANI, PACS - KUCHAHA, BLOCK- SIKTI,P.S.-SIKTI,DISTRICT-ARARIA. 7. MD. ANISH, S/O S.K. TAIMUL, R/O VILLAGE- SALGURI, PACS PARERIA, BLOCK- SIKTI,P.S.-SIKTI,DISTRICT-ARARIA. 8. SHAMBHU PRASAD SINGH, S/O LATE PATHAI SINGH, R/O VILLAGE- PIRGANJ, PACS -MAJARAK, BLOCK- SIKTI,P.S.-SIKTI,DISTRICT-ARARIA. 9. MANOJ KUMAR PANJIAR, S/O GANGA PRASAD PANJIYAR, R/O VILLAGE- KRHABARI, PACS- BENGA, BLOCK- SIKTI,P.S.-BARDAHA,DISTRICT-ARARIA. 10. PARMANAND BISHWAS, S/O LATE GOVIND LAL BISHWAS, R/O VILLAGE- DHARAMGANJ, PACS-DHARAMGANJ, BLOCK-PALASI , P.S.- PALASI,DISTRICT- ARARIA. 11. YASODA DEVI, W/O GAYA NAND BISHWAS, R/O VILLAGE-BALUA KALIAGANJ PACS-KALIAGANJ, BLOCK-PALASI , P.S.- PALASI,DISTRICT- ARARIA. 12. MD. MUKHTAR ALAM, S/O HAZI MD. KALIMUDDIN, R/O VILLAGE-BALUA KALIAGANJ PACS-BARADBATTA, BLOCK-PALASI , P.S.- PALASI,DISTRICT- ARARIA. 13. MD. ALIMUDDIN, S/O PAINUL HASSAN, R/O VILLAGE-MIYAPUR, PACS-MIYAPUR, BLOCK-PALASI , P.S.- PALASI,DISTRICT- ARARIA. 14. MD. IBRAHIM, S/O MD. TETRU, R/O VILLAGE-RAMNAGAR, PACS-RAMNAGAR, BLOCK-PALASI , P.S.- PALASI,DISTRICT- ARARIA. 15. KHELANAND JHA, S/O LATE GOVIND JHA, R/O VILLAGE- PARMANANDPUR PACS-PARMANANDPUR, BLOCK-RANIGANJ , P.S.- RANIGANJ,DISTRICT- ARARIA. Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY , CO-OPERATIVE DEPARTMENT, BIHAR, PATNA 2. BIHAR STATE ELECTION AUTHORITY,OLD SECRETARIAT PATNA THROUGH ITS DEPUTY SECRETARY. 3. THE REGISTRAR, CO-OPERATIVE SOCIETIES, BIHAR, PATNA 4. THE DISTRICT MAGISTRATE CUM DISTRICT ELECTION OFFICER,ARARIA. 5. THE DISTRICT CO-OPERATIVE OFFICER,ARARIA. 6. THE JOINT REGISTRAR, CO-OPERATIVE SOCIETIES,PURNEA, BIHAR. 7. THE BLOCK CO-OPERATIVE EXTENSION OFFICER, SIKTI,DISTRICT-ARARIA. 8. THE BLOCK CO-OPERATIVE EXTENSION OFFICER, PALASI,DISTRICT- ARARIA. null null 9. THE BLOCK CO-OPERATIVE EXTENSION OFFICER, RANIGANJ,DISTRICT- ARARIA. 10. THE ASSISTANT REGISTRAR, CO-OPERATIVE SOCIETIES,ARARIA. 11. MANAGING DIRECTOR, DISTRICT CENTRAL CO-OPERATIVE BANK LTD. ARARIA. WITH CWJC No 6186 of 2010 1. AWADHENDRA NARAYAN SINGH @SANJAY PATEL, S/O SHRI HRIDAY NARAYAN SINGH, R/O VILLAGE AND POST-SIRIHIRA, P.S - CHAND, DISTRICT - KAIMUR. 2. MITHILESH KUMAR SINGH, S/O BAJRANG SINGH, R/O VILLAGE - MALIK SARAI, P.O +P.S - CHAINPUR, DISTRICT - KAIMUR. 3. BIPIN BIHARI SINGH, S/O LATE RAM PRASAD SINGH, R/O VILLAGE - DIWANE, P.O - LOHDAN, P.S - CHAND (KAIMUR). - 4 - 4. SARWESH KUMAR SINGH @ SARVESH SINGH, S/O SHRI GULAB SINGH, R/O BIURI, P.S- GONEE, P.S - CHAND, DISTRICT - KAIMUR. Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, CO-OPERATIVE DEPARTMENT, BIHAR, PATNA 2. BIHAR STATE ELECTION AUTHORITY, OLD SECRETARIATE, PATNA THROUGH ITS DEPUTY SECRETARY. 3. THE REGISTRAR, CO-OPERATIVE SOCIETIES, BIHAR ,PATNA. 4. THE DISTRICT MAGISTRATE CUM DISTRICT ELECTION OFFICER, KAIMUR AT BHABUA. 5. THE DISTRICT CO-OPERATIVE OFFICER,BHABUA (KAIMUR). 6. THE JOINT REGISTRAR, CO-OPERATIVE SOCIETIES, BIHAR ,PATNA. 7. THE BLOCK CO-OPERATIVE EXTENSION OFFICER CHAINPUR, KAIMUR AT BHABUA. 8. THE BLOCK CO-OPERATIVE EXTENSION OFFICER CHAND, KAIMUR AT BHABUA. null null 9. THE ASSISTANT REGISTRAR, CO-OPERATIVE SOCIETIES, BHABUA. null . 10. MANAGING DIRECTOR, CENTRAL CO-OPETATIVE BANK LTD. null KAIMUR AT BHABUA. WITH CWJC No 6651 of 2010 1. YUGESHWAR KUMAR, S/O SHRI SINGHESHWAR YADAV, RESIDENT OF VILLAGE MANBODH TOLA, P.S. & DISTRICT-KHAGARIA. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, CO-OPERATIVE DEPARTMENT, GOVT. OF BIHAR, PATNA. 2. THE REGISTRAR, CO-OPERATIVE SOCIETIES, BIHAR, PATNA. 3. THE BIHAR STATE ELECTION AUTHORITY, THROUGH THE CHIEF ELECTION OFFICER, BARRACK NO. 11, OLD SECRETARIAT, PATNA. 4. THE KHAGARIA CENTRAL CO-OPERATIVE BANK LTD. THROUGH ITS MANAGING DIRECTOR, DISTRICT KHAGARIA. 5. THE JALKORA PRIMARY AGRICULTURAL CREDIT COOPERATIVE SOCIETIES LTD. AT & P.O. JALKORA,P.S. AND DISTRICT-KHAGARIA. 6. BABU LAL SAHNI, S/O LATE ANUP SAHNI, R/O VILLAGE AND P.O. JALKORA P.S. AND DISTRICT-KHAGARIA. *** For the petitioners : Mr Manan Kr Mishra, Sr Advocate With M/s Awanish Kr Pandy, Alok Kr Sinha No 1, Nitiranjan Jha, Bal Govind Sharma, Ravi Shankar Sahay, Advocates For the S t a t e : Mr P K Shahi, Advocate General For Election Authority: M/s Mukesh Kr Thakur, K B Nath, Advocates *** 3 23.04.2010 CWJC No 6082 of 2010 and analogous cases were heard - 5 - and disposed of by order dated 19.04.2010. The order was dictated in Court upon conclusion of arguments. Simultaneous another group of cases being CWJC No 5857 of 2010 and analogous cases were also heard and on the same date disposed of by order being pronounced in Court itself on conclusion of arguments. It appears due to Secretarial mistake, the order, which was passed in the second batch of cases that is CWJC No 5857 of 2010, was wrongly recorded as the order in CWJC No 6082 of 2010 and analogous cases instead of the order as dictated in CWJC No 6082 of 2010. This mistake having been noticed after the order was signed and pronounced. The order that was dictated in Court and available is being recorded hereunder as order passed on 19.04.2010 originally in CWJC No 6082 of 2010 and analogous cases: “In these writ applications a common question arises and as such with the consent of the parties these writ applications are being taken up and disposed of by this common order. Petitioners are newly elected Chairmen of some of Primary Agriculture Credit Societies (PACS). They seek two reliefs, firstly for quashing the advise of the Registrar, Co-operative Society and his action in sending the name of previous ad hoc Chairman/Chairman as a voter for voting in the election of members of the Managing Committee and Chairman of the District Central Co-operative Bank and the second relief sought for is for a direction to the Bihar State Election Authority for immediately holding election for the vacant seats in the management of the PACS concerned. It appears that upon amendments of Section 14 of the Bihar Co-operative Societies Act, which were extensive, the Managing Committee of the PACS was reconstituted but in large number of cases, adequate number of members could not be elected for one reason or the others to the extent that in some cases even the quorum of an ordinary meeting could not be accomplished. In this case where quorum even cannot be accomplished, no valid meeting can take place. The Registrar, Co-operative has opined that ad hoc Chairman, earlier nominated, would now represent the PACS though he may or may not be a member of newly constituted PACS itself. This has given rise to the first issue. The second, as noted above, is for a direction to the State Election Authority to hold - 6 - election once again for the remaining vacant seats as has been ordered in several other writ applications. Coming to the second part of the relief, first, I am surprised at the attitude of the State Election Authority when, under similar circumstances, this Court has already deliberated and issued direction, having considered the law in this regard, directing the State Election Authority to hold election , then why it has failed to hold election similarly in other PACS in which similar situation obtained. Learned counsel for the petitioners submits that their stand would be that as no writ has been issued in all cases, the authority would not act. I hope the submission of the petitioners is not correct, for I attribute the authority with simple intelligence and a sense of responsibility where they would not drive every individual to this Court to get writ issued individually once the law is settled. It is ordinarily expected and that is the law of the land that once a legal position is settled by the Court, the authorities are bound to apply it in similar situated PACS where-ever they occur and cannot be permitted to take the plea that in absence of individual orders they are not competent to act .It would indeed be a sorry state of affairs if this is the attitude of the State Election Authority. In that view of the matter, if the State Election Authority, which has announced election for three PACS as recently as on 6th April, 2010, being in pursuance to direction of this Court in three writ petitions, it is expected that it would issue similar appropriate notification in respect of all such other similarly situated PACS whether they have obtained the order of this Court or not because the law applies equally in all similarly situated situations. Coming to the first grievance, that appears to be a serious matter. How can a nominated ad hoc Chairman represented a body, which is newly elected body of which such person has not been elected the Chairman. It is a serious contradiction in terms rather than the Registrar taking such a short cut he should impress upon the State Election Authority to immediately ensure the filling up the vacancies either by co-option or election as the law permits rather than sanctifying ad-hocisim which would be antithesis of democratic principle of fair election. Thus, the opinion or decision of the Registrar, Co-operative Societies in this regard dated 16.03.2010 cannot be sustained and is quashed accordingly. With the aforesaid observations and directions, the writ applications stand disposed of. It is hoped that the State Election Authority would ensure immediate election to fill up the vacancies, so that there is no - 7 - problem about management in PACS.” The Order No 2 dated 19.04.2010 as recorded in CWJC No 6082 of 2010 would, thus, stand ignored. M.E.H./ (Navaniti Prasad Singh)