IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6853 of 2010 1. ARUN KUMAR SINGH, S/O LATE SURYA NARAYAN SINGH, R/O VILLAGE- SAKAHRA, P.S.- RAJOUN, DISTRICT- BANKA. 2. SUNAINA SINGH, W/O NAWAL KISHORE SINGH, R/O VILLAGE- KASWA, P.S.- DHURAIYA, DISTRICT - BANKA. VERSUS 1. THE STATE OF BIHAR. 2. REGISTRAR, CO-OPERATIVE SOCIETIES, GOVERNMENT OF BIHAR, PATNA 3. BIHAR STATE ELECTION AUTHORITY THROUGH ITS SECRETARY, null BARRAK NO.11, OLD SECRETARIAT,PATNA. 4. SECRETARY,BIHAR STATE ELECTION AUTHORITY, null BARRAK NO.11, OLD SECRETARIAT,PATNA. 5. JOINT SECRETARY,BIHAR STATE ELECTION AUTHORITY, null BARRAK NO.11, OLD SECRETARIAT,PATNA. 6. DISTRICT MAGISTRATE CUM DISTRICT ELECTION OFFICER (CO- OPERATIVE SOCIETIES),DISTRICT- BHAGALPUR. 7. ADDITIONAL COLLECTOR, BHAGALPUR CUM RETURNING OFFICER FOR THE DISTRICT CENTRAL CO-OPERATIVE BANK,BHAGALPUR. 8. MANAGING DIRECTOR(CO-OPERATIVE SOCIETIES),BHAGALPUR. 9. BLOCK DEVELOPMENT OFFICER CUM ELECTION OFFICER/RETURNING OFFICER (CO-OPERATIVE SOCIETIES),RAJOUN BLOCK,DISTRICT-BANKA. 10. BLOCK DEVELOPMENT OFFICER CUM ELECTION OFFICER/ RETURNING OFFICER (CO-OPERATIVE SOCIETIES).,DHURAIYA BLOCK, DISTRICT- BANKA. ----------- For the Petitioners : Mr. Rajendra Narayan. Mr. Rajiv Kumar Singh. Mr. Santosh Kumar. For the State : Mrs. Shail Kumari, SC-XIII. For the Election : Mr. Mukesh Kumar Thakur. Authority ------------ 02 04.05.2010 By the present writ application, the petitioners challenge the order of the Registrar, Co-operative Society by which he has directed that the ad hoc managing committee nominated earlier would continue to operate till all members of the PACS are duly elected. It is pointed out that election for the managing - 2 - committee was held but all posts could not be filled up, still the petitioners were elected as Chairman of different PACS within Banka district. They are not being permitted to function in stead the ad hoc committee nominated earlier is being asked to function, which cannot be permitted. This issue has already been decided by this Court in C.W.J.C. No.6082 of 2010 and analogues cases, which was finally disposed of on 23.04.2010 wherein this very order of the Registrar, Co-operative Society dated 16.03.2010 has been set aside. In that view of the matter, this writ application is allowed. It is held that the order of the Registrar, Co-operative Society would not operate and all consequential action taken thereunder would be of no effect. However, the Registrar, Co- operative Society would ensure that fresh elections are held to fill up the vacant post immediately. Trivedi (Navaniti Prasad Singh, J.)