IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1924 of 2010 1. BIRENDRA KUMAR S/O SHRI JAMUN RAI R/O VILL- NAINHA, P.S HAZIPUR, SADAR, DISTT- VAISHALI Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY CO-OPERATIVE DEPARTMENT, BIHAR, PATNA 2. THE REGISTRAR CO-OPERATIVE SOCIETIES, BIHAR, PATNA 3. THE DISTRICT CO-OPERATIVE OFFICER, VAISHALI AT HAJIPUR 4. THE ASISTANT REGISTRAR CO-OPERATIVE SOCIETIES, HAZIPUR CIRCLE, DIST- VAISHALI 5. SINDHUWARI PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETIES THROUGH ITS ASSISTANT SECRETARY, AT AND P.S- HAZIPUR, SADAR, DISTT- VAISHALI ----------- 2/ 15/04/2011 Heard learned counsel for the petitioner and learned counsel for the State. The grievance of the petitioner is that the Assistant Registrar, Cooperative Societies, Hazipur Circle at Hazipur who is also the District Cooperative Officer may not hear Election Dispute Case No.166/09 transferred to him by the Registrar, Cooperative Societies. It is submitted that the Assistant Registrar/District Cooperative Officer is alleged to have wrongly enrolled one thousand members. That has been questioned by the petitioner in C.W.J.C. No.14635/08 pending before this Court. The petitioner apprehends that he has lost by a narrow margin because of these wrongfully enrolled members. The submission therefore is that fairness demands that the Assistant Registrar/District 2 Cooperative Officer may not hear the case. It is trite law that justice must not only be done, but it also must appear to be done. It appears that on the aforesaid grounds the petitioner has already represented before the Registrar, Cooperative Societies. Let the Registrar, Cooperative Societies pass appropriate reasoned and speaking order after hearing all concerned within a maximum period of two months from the date of receipt/production of a copy of this order. Pending disposal of such application, if the petitioner files any application for interim relief with regard to Election Case No.166/09, the Registrar, Cooperative Societies is expected to hold the court on the days fixed in the week for holding court and to deal with the same expeditiously in accordance with law so that the petitioners are not non-suited in the election petition due to delay in decision or an irretrievable stage of the election case is not allowed to be reached. The writ application stands disposed. KC ( Navin Sinha, J.)