IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3925 of 2011 SULEKHA DEVI W/O SHREE BHOLA SAHNI, AAJANOULI POLICE STATION BISHPHI, MADHABANI. Versus 1. THE STATE OF BIHAR 2. REGISTRAR CO-OPERATIVE SOCIETIES, GOVERNMENT OF BIHAR, PATNA 3. THE DISTRICT CO-OPERATIVE OFFICER, MADHUBANI 4. THE BLOCK CO-OPERATIVE EXTENSION OFFICER, BISFI 5. ADHOC MANAGING COMMITTEE OF BISPHI PRAKHAND MATASYAJEEVI SAHAYOG SAMITI LTD.KATAIYA 6. SHREE SHATRUHAN SAHANI 7. SHREE BINOD RANJAN NISHAD 8. SHREE SEETARAM SAHANI 9. SHREE SHANKAR SAHANI 10. SHREE NAGENDRA SAHANI 11. SHREE SHIV KUMAR SAHANI 12. SMT TETARY DEVI 13. SMT SURMILI DEVI 14. SMT PHOOLO DEVI’ ALL OF VILLAGE KATAIYA, JAGAWAN, MADHUBANI 15. SHREE BILTU SAHANI VILLAGE JANIPUR, JANIPUR, MADHUBANI 16. SMT SHREEBANTI DEVI, VILLAGE LALPUR, RAGHOULI, MADHUBANI. ----------- 2 04.07.2011. Counsel for the petitioner, State as well as counsel for respondent nos. 5 and 7 is present. The instant application has been filed for the following reliefs: (a) Quashing the list dated 13.12.2010 of the Members of the reconstituted Adhoc Managing Committee of reoganized Bisfi Prakhand Matasya Jivi Shahyog Samitee Ltd. (b) To declare that the list of Members of the aforesaid reconstituted fishermen Co-operative Society 2 as illegal, being prepared in complete violation of the provision of the Bihar Co-operative Society (Amendment) Act, 2010 and to include all members of petitioner erstwhile Fisherman Cooperative Society in the list of members. (c) To declare that head quarter of the reconstituted Fisherman Cooperative Society would be at Bisfi in place of Kataiya. The petitioner submits that he was elected secretary of Bisfi Anchal Matsyajibi Sahyog Samiti Ltd., which is the only Fishery Sahyog Samiti registered under the provisions of Bihar Co-operative Society Act, 1935. At present he is one of the members of the reconstituted Bisfi Prakhand Matasya Jivi Shahyog Society herein after referred to as the Fishermen Co-operative Society formed in December, 2010. Respondent nos. 6 to 16 are office bearers/members of the erstwhile Bisfi Block Fishermen Self Supporting Cooperative Society Ltd., Kataiya (hereinafter referred to as Self Supporting Cooperative Society). They are also members of the reconstituted Fishermen Cooperative Society. Respondent no.6 is the President and Respondent no.7 is 3 the Secretary of the newly constituted Bisfi Anchal Matsyajibi Sahyog Samiti Ltd. Respondent nos. 8 to 16 are the members of the ad-hoc Managing Committee formed in December,2010. The petitioner submits that Self Supporting Co-operative Society was registered under Co-operative Society Act, 1996. The petitioner claims that the aforesaid society has almost been a dormant society and did not have any Government work worth the name. The election of office bearers of petitioner’s Fishery Society registered under 1935 Act was held in March, 2010, in which she was elected as Secretary. The election was held in terms of order of this Court, passed in C.W.J.C. No. 329 of 2010. The amendment was brought in Both Fishermen self supporting Act as well as in Bihar Co- operative Society Act, 1935 in the year, 2010. As per the amendment, there would be only one registered Fishery Co-operative Society in a Block and all existing Fishermen Co-operative Societies would merge in one Co-operative Society and shall be deemed to be registered under Cooperative Society Act, 1935. It was also provided that on such re-organization, all the 4 members of existing Fishermen Co-operative Society either under 1935 Act or under Bihar Self Supporting Co-operative Soceity, Act, 1996 shall be deemed to have become member of such re-organized society. The Principal Secretary, Cooperative Department, Government of Bihar also vide his memo no. 4217 dated 30.7.2010 reiterated that all the members of erstwhile society would become members of the New Cooperative Society and they will select ad-hoc Managing Committee for running the newly reconstituted Fishermen cooperative society. In view of the amendments of 1910 and letter of Principal Secretary, Cooperative, the District Cooperative Society Officer, Madhubani asked the petitioner and the Chief Executive of the erstwhile self supporting cooperative society to submit its list of members along with last election certificate, so as to complete the work of merger and reconstitution. A copy of letter dated 12.08.2010 of respondent no.3 is annexed as Annexure-5 to this application. The petitioner submits that she submitted a detailed list of members and those of its Managing Committee to respondent no.3. The 5 petitioner submits that there were 966 members in the erstwhile cooperative society, which she submitted in a prescribed proforma in 49 pages along with letter dated 25.08.2010. The grievance of the petitioner is that only about 25-30 members of her society were enrolled as members of the newly constituted Bisfi Anchal Matsyajibi Sahyog Samiti Ltd. The petitioner submits that no information was given to them regarding holding of meeting for selection/election of office bearers of the Managing Committee. The petitioner submits that she had also filed a detailed representation before respondent no.2 (Registrar, Co-operative Societies, Government of Bihar). She submits that various papers would show that there were over 950 members. Mr Pashupati Nath Sinha learned counsel for respondent nos. 5 and 7 states that petitioner should first approach the Registrar Co-operative Society (respondent no.2) instead of moving this Court in writ jurisdiction. I have heard the learned counsel for the petitioner, State and respondent nos. 5 and 7, who are Chairman and Secretary of newly constituted ad-hoc Managing Committee of re-organized Bisfi Anchal 6 Matsyajibi Sahyog Samiti Ltd. The petitioner has alleged that there has been gross mistake in not enlisting about 935 of 966 members that were submitted to respondent no.3 along with letter dated 25.08.2010. It is the claim of the petitioner that the Fishermen Co-operative Society was an old society, which was coming into existence since last many years. Most of the Government works were given to petitioner’s erstwhile society, whereas very negligible work if any was made to the Self- Supporting Cooperative Society. Surprisingly, many members were enrolled showing them to be belonging to the Self-Supporting Cooperative Society, though they were never members. The allegations, if true would be causing serious prejudice to petitioners’ society and its members and consequently also affecting election of newly formed Bisfi Anchal Fisheries Sahyog Samittee ltd. As such, I remit the matter to the Registrar, Co-operative Societies, Government of Bihar, who would go into the details and would pass a reasoned order within a period of two months of filing of fresh representation by the petitioner. The Registrar, Co-operative Societies, Government of 7 Bihar would specifically ascertain the number of members existing in the erstwhile petitioner’s Fishermen Cooperative Society registered under 1935 Act as well as Self Supporting Cooperative Society registered under Self Supporting cooperative Act, 1996 prior to amendments in the Acts in 2010. The Learned Registrar would also enquire whether prior notice of the meeting was given to the members of the erstwhile petitioner’s cooperative society. In case, the learned Registrar, Cooperative comes to a conclusion that members of petitioner’s erstwhile Cooperative society have not been enrolled as members of newly constituted Fisheries Committee framed in 2010, he would direct for fresh exercise in accordance with law and may pass any interim order for purposes of running of fisheries. With the aforesaid direction, this application is disposed of. Shashi. (Samarendra Pratap Singh, J.)