IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3170 of 2008 THE BIHAR STATE SCHEDULED CASTE CO- OPERATIVE DEVELOPMENT CORPORATION LTD., MALAYANIL BHAWAN, BUDDHA COLONY, THROUGH ITS MANAGING DIRECTOR / ADMINISTRATOR …………… PETITIONER Versus 1. BALESHWAR PASWAN, S/O LATE SUDAMA PASWAN, R/O VILLAGE – BHAGAN BIGHA, P.S. BHAGAN BIGHA, DISTRICT – NALANDA ………………….. OPPOSITE PARTY 1ST SET, 2. THE STATE OF BIHAR, 3. THE REGISTRAR, CO-OPERATIVE SOCIETIES, BIHAR, VIKASH BHAWAN, BAILEY ROAD, PATNA, 4. THE DY. REGISTRAR, (JUDICIAL), CO- OPERATIVE SOCIETIES, BIHAR, VIKASH BHAWAN, BAILEY ROAD, PATNA CUM ELECTION OFFICER, BIHAR STATE SCHEDULED CASTE CO- OPERATIVE DEVELOPMENT CORPORATION LTD., …………………………OPPOSITE PARTIES 2ND SET. ----------- 7. 07.04.2010. Heard Mr. P.K. Shahi, learned Advocate General and Mr. Lakmesh Marvind along with Mr. Rajanish Kumar, learned counsel for the respondents. This application though has been styled in different manner and different nomenclature has been given it basically relates to review and recall of the order dated 11.08.2008 passed in CWJC No. 10424 of 2008. In the said writ petition the Division Bench of this Court after narrating the facts in paragraph 3 had issued 2 the following directions: “3. Keeping this in view, we dispose of the writ petition by the following order- (i) The Registrar, Co-operative Societies, Bihar shall take necessary steps including the correction of voter list for completion of election of the Managing Committee of Respondent no. 4 – the Bihar State Scheduled Caste Co-operative Development Corporation Ltd. on urgent basis and ensure that the election of the Managing Committee of respondent no. 4 – Corporation is completed in all respects by 18th December, 2008 and new Managing Committee is put in place w.e.f. 19th December, 2008; (ii) The correction of voter list and the election schedule shall be published by the Election officer keeping in mind that the new Managing Committee (Board of Directors) is to put in place w.e.f. 19th December, 2008.” The present application was filed contending, inter alia, that the said directions were not executable and this Court appreciating the factual matrix on 25.03.2009 passed the following order: “Counsel for respondents wants to file counter affidavit. 3 Post it after six weeks. Meanwhile, direction contained in order dated 11.8.2008 passed in CWJC No. 10424 of 2008 to hold election will stand suspended.” Thereafter, on 29.07.2009 the following order came to be passed: “Learned counsel for the writ petitioner, who is respondent in these applications, prays for some time to seek instructions in respect of stand of the learned Advocate General that after enquiry all the 577 affiliated societies have been disaffiliated because they were found to be defunct, non-existent or heavy defaulters. As prayed, put up after two months.” In view of the aforesaid what we notice a piquant situation has emerged inasmuch as a claim has been put forth by the Bihar State Scheduled Caste Co-operative Development Corporation Limited that the societies have been disaffiliated as they have really become defunct, non- existent or they have been put in the category of `Heavy defaulters’. Per contra, Mr. Marbind, learned counsel for the original writ petitioner would contend in praesenti there are 108 societies which are not defaulters and are 4 valid members of the apex body and, hence, election can be held. The said position is disputed by Mr. Shahi, learned Advocate General. Mr. Shahi contending, inter alia, submitted that the said societies are really non- existent inasmuch as despite best efforts no notices have been served by the Corporation to find out their existence, identity and the role played by them. In view of the aforesaid situation, we think it apt to recall the order dated 11th August, 2008 passed in CWJC No. 10424 of 2008 and direct the said writ petition be heard on merits afresh. We accordingly recall the aforesaid order dated 11th August, 2008 and the writ petition be listed for hearing afresh. The M.J.C. is accordingly disposed of. Dilip ( Dipak Misra, C.J. ) ( Dr. Ravi Ranjan, J. )