IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15116 of 2009 1. VIJAY SAHNI S/O PACHU SAHNI, R/OVILL AMAI, P.O+P.S. MANIGACHHI, DISTT- DARBHANGA CHIEF EXECUTIVE OF MANIGACHHI ANCHAL MATASYAJIVI SEWA SWABLAMBI SAHKARI SAMITI LTD. NARAYANPUR. 2. MANIGACHHI ANCHAL MATASYAJIVI SEWA SWABLAMBI SAHKARI SAMITI LTD. NARAYANPUR, THROUGH ITS CHAIRMAN KASHI SAHNI S/O MUSHAHERU SAHNI R/O VILL AMAI, P.O+P.S- MANIGACHHI, DISTT- DARBHANGA …… ……………….PETITIONERS. VERSUS 1. THE STATE OF BIHAR 2. THE ASSISTANT REGISTRAR, CO- OPERATIVE SOCIETY, DARBHANGA ANCHAL, DARBHANGA 3. THE DISTRICT FISHERIES OFFICER, DARBHANGA 4. ASHA DEVI W/O RAM SAHNI, R/O VILL AMAI , P.O.+P.S MANIGACHHI, DISTT- DARBHANGA………RESPONDENTS. For the petitioners : Mr. Pashupati Pd. Sinha, Advocate. For respondent no.4 : Mr. M. Chaterjee, Advocate. For the State : Smt. Shail Kumari, SC-23 ----------- 03/ 06.07.2010 Heard learned counsel for the petitioners and learned counsel for the State and its authorities as well as learned counsel for private respondent no.4. This writ petition has been filed by the petitioner challenging order dated 16.06.2009 by which the Assistant Registrar, Co-operative Society, Darbhanga Anchal (respondent no.2) directed petitioner no.2, namely, Manigachhi Anchal Matasyajivi Sewa Swablambi Sahkari Samiti Ltd. Narayanpur through its Chairman Kashi Sahni to show-cause as to why he did not hand over the record of the Society to the alleged elected Chairman, namely, respondent no.4 Asha Devi without issuing any notice or without verification of the facts. The relevant fact of this case is that an election was 2 held by the General Body of Manigachhi Anchal Matasyajivi Sewa Swablambi Sahkari Samiti Ltd. Narayanpur in its meeting dated 03.09.2002 in which the Board was constituted with petitioner no.2 as its Chairman. After completion of the terms of five years, again the General Body elected office bearer of Samiti in its meeting dated 15.08.2007 with petitioner no.2 as its Chairman. The claim of the petitioner is that the term of office of the said Board is five yeas in view of the provision of Section 28 of the Bihar Self-supporting Co-operative Societies Act 1996 (hereinafter referred to as the Act) and it is going on to end in the year 2012 and before that the Board cannot be removed. On the other hand, learned counsel for respondent no.4 vehemently challenges the contentions of learned counsel for the petitioner and submits that due to the acts of the petitioner, General Body in its meeting dated 14.02.2009 (Annexure-D) removed petitioner’s Board and constituted an Ad-hoc Board under section 25(3)(b) of the Act. It is further submitted that thereafter the Ad-hoc Board held Special General Body Meeting on 14.04.2009 in which the Board elected respondent no.4 as its Chairman. It was claimed that the election was held under the provision of section 29 of the said Act and was legal and proper, but the petitioners were not handing over the papers of the Samiti and hence the impugned order was passed by the Assistant Registrar. Considering the aforesaid facts and circumstances, it is 3 quite apparent that the dispute is with regard to election of the Board, but respondent no.2 (the Assistant Registrar) had no authority under the law to issue order dated 16.06.2009 (Annexure-1) to the petitioner as the dispute was with regard to the validity of the alleged General Body meeting dated 14.02.2009 and 14.04.2009, which can be looked into only by the appropriate authority under section 40 of the Act. In the aforesaid facts and circumstances, this writ petition is allowed only to the extent that order of the Assistant Registrar dated 16.06.2009 (Annexure-1) is quashed. However, the aggrieved person may get the matter of election settled before the appropriate authority under the provision of section 40 of the said Act. harish/ ( S. N. Hussain, J. )