IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.7541 of 2011 ====================================================== Jaimangal Singh, s/o late Badri Singh, r/o Village Singauli, P.O Singauli, P.S. Motipur, Distt. Muzaffarpur. At presently President of District Co Operative Krishak Manch, Muzaffarpur. .... .... Petitioner/s Versus 1. The State of Bihar. 2. The Secretary, Department of Co Operative. 3. The Registrar, Co Operative Society, Patna 4. The Joint Registrar, Co Operative Society, Bihar, Patna. 5. The Joint Director, Co Operative Society, Tirhut Division, Muzaffarpur. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Raj Kumar, Advocate For the Respondent/s : Mr. Lalit Kishor, AAG-1 with Mr. Vikas Kumar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 6 18-07-2011 This petition filed under Article 226 of the Constitution challenges the constitutional validity of Section 44 BE (3) (e) of the Bihar Co-operative Societies Act, 1935 (hereinafter referred to as “the Act”). Section 44 BE deals with ‘Disqualification of Members of the Managing Committee to State Co-operative Bank or Central Co-operative Bank’. Sub- section 3 thereof debars a person from contesting election to the Managing Committee of a Co-operative Society under short term Patna High Court CWJC No.7541 of 2011 (6) dt.18-07-2011 2 Co.operative Credit Structure if such person falls in any of the categories mentioned in clauses (a) to (e) thereunder. Learned Advocate Mr. Raj Kumar has appeared for the petitioner. He has assailed the validity of clause (e) of Sub. section (3) of Section 44BE of the Act on the ground of discrimination. He has relied upon Section 8 of the Representation of the People Act, 1951 and Section 136 (1) (g) of the Bihar Panchayat Raj Act, 2006. He has submitted that under the above enactments a person is disqualified from contesting election only in case of conviction in a criminal offence. In the present case, lodging of complaint or first information report and taking cognizance of the offence by the Magistrate is sufficient to debar a person from contesting the election. In support of his submission, he has relied upon a judgment of this Court in the matter of Dr. Sunil Kumar Singh Vs. The State of Bihar and Ors. [2010 (1) PLJR 597]. In the aforesaid judgment, the learned single Judge of this Court has considered the disqualification of the elected members of the managing committee on the ground of surcharge proceeding registered against them. In paragraph 17 of the judgment, learned single Judge has held that disqualification of an elected person has adverse civil consequences; such persons cannot be disqualified without affording an opportunity of hearing. In our opinion, challenge to the validity of section 44 BE(3)(e) of the Act on the ground of discrimination compared with the provisions contained in the Representation of the People Act, 1951 or the Bihar Panchayat Raj Act, 2006 is misconceived. Section 44 BE of the Act deals with Disqualification of Patna High Court CWJC No.7541 of 2011 (6) dt.18-07-2011 3 the Members of State Co-operative Bank or the Central Co operative Bank. The scope of Section 44 BE is limited to State level and Central level Co-operative Banks alone. Sub- section (3)(e) thereof deals with a criminal proceeding in relation to transaction of a registered society. Thus the disqualification provided in the said Clause (e ) has a very limited scope; It is confined to the election to the managing committee of the State Level Co-operative Banks and the Central Level Co- operative Banks. Further it applies in case complaint is in respect of transaction relating to a registered society and comes in operation only in case the Magistrate takes cognizance of the offence. In other words after the Magistrate has applied his mind and has found that a prima facie case is made out. In our opinion, the aforesaid provision is a wholesome provision made to ensure that a person against whom a criminal proceeding is pending in respect of transaction of a registered society is not elected to the Managing Committee of a State level Co-operative Bank or a Central level Co-operative Bank. No other submission has been made to challenge the constitutional validity of the impugned provisions contained in Sub-section (3) (e) of Section 44 BE of the Bihar Co-operative Societies Act, 1935. Petition is dismissed. M. Rahman/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)