IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5600 of 2011 RAJA RAM MALLAH S/O GANAURI MALLAH, R/O VILLAGE- KOACH GHORADHA, P.S.-KOACH, DISTRICT-GAYA, SECRETARY, MATSYAJIBI SAHYOG SAMITI, P.S.-KOACH, DISTRICT-GAYA. ……………Petitioner Versus 1 THE STATE OF BIHAR. 2 THE PRINCIPAL SECRETARY-CUM-COMMISSIONER, ANIMAL HUSBANDRY & FISHERIES DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3 THE PRINCIPAL SECRETARY, CO-OPERATIVE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 4 THE REGISTRAR, CO-OPERATIVE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 5 THE DISTRICT CO-OPERATIVE OFFICER, GAYA. 6 THE DIRECTOR, DIRECTORATE OF FISHERIES, GOVERNMENT OF BIHAR, PATNA. 7 THE DEPUTY DIRECTOR, DIRECTORATE OF FISHERIES, GOVERNMENT OF BIHAR, PATNA. 8 THE DISTRICT FISHERIES OFFICER-CUM-CHIEF EXECUTIVE OFFICER, GAYA. 9 THE DISTRICT MAGISTRATE, GAYA. 10 THE BLOCK DEVELOPMENT OFFICER, BLOCK-KACH, DISTRICT-GAYA. 11 SHIV RATAN MALLAH, S/O LATE JAIDEO MALLAH, R/O VILLAGE-MALBIGAHA, P.S.-KOACH, DISTRICT-GAYA. ………….Respondents FOR THE PETITIONER :Mr. Subodh Kumar Jha, Adv. Mr. Bidhan Chandra Jha, Adv. FOR THE RESPONDENTS :Mr. Subodh Kumar Barnwal, Adv. Mr. N. Nirvikar, G.P. III ----------- 02 28.03.2011 Both sides present. Petitioner questions the legality/sustainability of order dated 24.02.2010 (Annexure-4) passed by District Co-operative Officer, Gaya. It is submitted that the petitioner is the elected Secretary of Koach Matsyajibi Sahyog Samiti Koach, District- Gaya and the said Samiti/Co-operative Society is registered society under the Bihar Co-operative Societies Act, 1935. So far the settlement of Jalkar is concerned, no issue has 2 been raised by the petitioner on the ground and in my view fairly, that the period of settlement is going to expire in immediate near future. It is the stand of the petitioner that first part of the letter (Annexure-4) is contrary to law, since the petitioner has not been recognized as the elected secretary of the Co-operative Society and the allegations levelled against him have prima facie been accepted. Annexure-3 is the resolution of the Co-operative Society Malhvigha (hereinafter referred to as the ‘Society’), whereby it was resolved that the petitioner was mis-managing the affairs of the society and, as such, legal action be taken against him. Three resolutions were passed vide Annexure-3 which read as under:- 1- o’kZ 2009&10 dk jktLo ftyk eRl; dk;kZy; es “kh/kzkfr”kh/kz v/;{k egksn; ds ek/;e ls tek djok;k tkukA 2- lnL;ks ls canksoLrh dh izkIr jkf”k tks Hkh lfpo ds ;gkWa gks] mldh olwyh 3- lfpo }kjk fd;s x;s xyr dk;ksZ ds f[kykQ dkuwuh dk;ZokbZ gsrq fu.kZ; fy;k x;kA It is the stand of the petitioner that the said resolution (Annexure-3) was taken without issuing any notice/show cause to the petitioner who still holds the post of Secretary of the Society. The petitioner thus challenges the legality of the aforesaid resolutions. Section 48 of the Bihar Co-operative Societies Act, 1935, provides for resolution of dispute touching the business of a registered society, it reads as under:- “48. Dispute.- (1) If any dispute touching the business of a registered society (other than a dispute regarding disciplinary action taken by the society or its managing committee against a paid 3 servant of the society) arises- (a) amongst members, past members, persons claiming through members, past members or deceased members, and sureties of members, past members or deceased members, whether such sureties are members or non-members; or (b) between a member, past member, persons claiming through a member, past member or deceased member, or sureties of members, past members or deceased member, whether such sureties are members or non-members and the society, its managing committee or any officer, agent or servant of the society; or’ (c) between the society or its managing committee and any past or present officer, agent or servant of the society; or (d) between the society and any other registered society; or (e) between a financing bank authorised under the provisions of sub-section (1) of section 16 and a person who is not a member of a registered society; such dispute shall be referred to the Registrar: Provided that no claim against a past member or the estate of a deceased member shall be treated as a dispute if the liability of the past member or of the estate of the deceased member has been extinguished by virtue of section 32 or section 63. Explanation.- (1) A claim by a registered society for any debt or demand due to it from a member, {non-member}, past member or the nominee, heir or legal representative of a deceased member or {non-member} or from sureties or members, past members or deceased members, whether such sureties are members or non-members, shall be a dispute touching the business of the society within the meaning of this sub- section even in case such debt or demand is admitted and the only point at issue is the ability to pay or the manner of enforcement of payment. Explanation.- (1) The question whether a person is or was a member of a registered society or not shall be a dispute within the meaning of this sub-section. (2) The Registrar may on receipt of such reference.- 4 (a) decide the dispute himself; or (b) transfer it for disposal to any person exercising the powers of a Registrar in this behalf; or (c) subject to any rules refer it for disposal to an arbitrator or arbitrators. (3) Subject to any rules, the Registrar may withdraw any reference transferred under clause (b) of sub- section (2) or referred under clause (C) of the said sub-section and deal with it in the manner provided in the said sub-section. (4) The appointment of an arbitrator or arbitrators and the procedure to be followed in the proceedings before the Registrar or such arbitrators shall be regulated by rule. (5) In the case of dispute involving property which is given as collateral security, it shall be competent to the person deciding such dispute to issue mortgage award which shall have the same force as a mortgage decree of a competent Civil Court. (6) Any person aggrieved by any decision given in dispute transferred or referred under clause (b) or (c) of sub-section (2) may, within three months from the date of such decision, appeal to the Registrar. (7) The Registrar, in the case of dispute under this section, shall have the power of review vested in a Civil Court under section 144 and under Order XL VII, Rule 1 of the Code of Civil Procedure, 1908, and shall also have the inherent jurisdiction specified in section 151 of the said Code. (8) The Registrar may where it appears to him advisable, either of application or of his own motion, state a case and refer it to the District Judge for decision, and the decision of the District Judge shall be final. (9) Save as expressly provided in this section, a decision of the Registrar under this section, and subject to the orders of the Registrar on appeal or review, a decision given in a dispute transferred or referred under clause (b) or (c) of sub-section (2) shall be final.” It, thus, appears that the petitioner has a forum and can 5 invoke jurisdiction of the appropriate authority and get the decision/resolutions taken by the society as contained in Annexure-3 quashed/modified/clarified. Regard being had to aforesaid position in law, this court is not inclined to invoke its extra ordinary discretionary writ jurisdiction in the matter. The application stands disposed of. Safik (Kishore K. Mandal, J.)