IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11933 of 2007 1. RAMUDAR CHOUDHARY, CHAIRMAN, SAMASTIPUR DIST CENTRAL CO-OPERATIVE BANK LTD 2. RAJ NANDAN PD SINGH 3. BHOLA JHA 4. RAM PRAKASH YADAV 5. KUMUD THAKUR 6. RAMDEO MAHTO 7. PINKI KUMARI VERSUS 1. THE STATE OF BIHAR 2. THE REGISTRAR, CO-OPERATIVE SOCIETIES, BIHAR 3. THE ADDL REGISTRAR, CO-OPERATIVE SOCIETIES, BIHAR 4. THE DEPUTY REGISTRASR (JUDL), CO-OPERATIVE SOCIETIES, BIHAR 5. THE SAMASTIPUR DIST CENTRAL CO-OPERATIVE BANK LTDS. THROUGH MD 6. THE DISTRICT MAGISTRATE SAMASTIPUR CUM ELECTION CONDUCTING OFFICER OF BANK 7. SRI SHASHI BHUSHAN PRASAD SINGH, ELECTION OFFICER 8. SRI RAJENDRA OJHA, DIST SUPPLY OFFICER, SAMASTIPUR 9. RAM KALEWAR PRASAD SINGH 10. UMESH RAM 11. SATYENDRA NARAIN CHOUDHARY 12. VIJAY VATSAYAN 13. BACHASPATI NARAIN SINGH. ----------- 11 09.11.2009. Heard learned counsel for the petitioners, State and respondent numbers 9 and 10. Petitioners pray for quashing order dated 20.6.2007, passed by respondent no.3 in Election appeal no. 25 of 2007, contained in annexure 1, whereby he affirmed the order dated 20.2.2007, passed by respondent no. 4 in Election Dispute No. 131 of 2003 contained in annexure 2. Learned counsel for the petitioners submits that thereafter a revision was filed against order dated 20.6.2007 before respondent no.2, the Registrar, Co-operative Societies, Bihar, Patna being Revision case no. 48/2007. This revision case was heard on 21.6.2007 by the Registrar and notices were issued to opp parties in the case fixing 24.7.2007, as the next date in the case, for hearing. In the meantime, operation of the order under - 2 - revision was stayed. On 18.9.2007 the Revision case was heard on the point of maintainability and orders were reserved. The Registrar by his order dated 18.9.2007/22.10.2007 communicated under memo no. 228/RL dated 23.10.2007 disposed of the revision case after recalling the order of stay dated 21.6.2007, passed earlier in the case. The petitioner submits that during pendency of the writ petition, by consequential order dated 25.10.2007 he appointed District Magistrate, Samastipur as Administrator of the Bank for three months or till the election is held, whichever is earlier. The petitioners submit that a time was prayed for on behalf of Senior counsel but the prayer was refused and the impugned order was passed. He further submits that the impugned order was passed even without calling for the lower court records. Petitioners submit that the impugned order passed by the Registrar appointing administrator is wholly without jurisdiction also. This court finds that the petitioner has not get sufficient opportunity to place the case before the appellate forum. As such, this court set asides order dated 20.6.2007, passed by the Addl Registrar of the Co-operative Societies in Election Appeal No. 25 of 2007 and remit the matter for fresh consideration on merits after hearing both the parties. The appeal must be decided within a period of three months from the date of receipt of a copy of this order. The appointment of administrator contained in annexure 6 would be subject to the result of order passed in appeal. Shashi. (Samarendra Pratap Singh,J).