Disposed

Deo Nath Singh v. the State of Jharkhand through Secretary Agriculture Animal Husbandry and Cooperative Deptt

Jharkhand HC11 Jan 2022WPC/5524/2021

Case brief

AI extract

What is this about?

The Court disposed of the writ petition regarding dispute over election schedule and member induction in a cooperative society. It held that such disputes must be raised before the Registrar under Section 48 of the Bihar (now Jharkhand) Cooperative Societies Act, 1935. No stay was granted, though the outcome is subject to the Registrar's future enquiry.

What did the court decide?

Liberty granted to petitioner to represent Respondent No. 2; Registrar to hold enquiry and decide within two months; No stay on election granted.

Deo Nath Singh Vs the State of Jharkhand through… — Cooperative Societies | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P. (C) No.5524 of 2021

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Deo Nath Singh

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.......... Petitioner.

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-Versus-

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The State of Jharkhand, through Secretary, Agriculture, Animal Husbandry and Cooperative Department, Nepal House, Doranda, Ranchi.

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The Registrar, Cooperative Societies, Pasupalan Bhawan, Khunti Road, Ranchi.

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The District Cooperative Officer, Bokaro.

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Assistant Registrar, Cooperative Societies, Chas Circle, Bokaro.

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Election Officer-cum-Cooperative Extension Officer, Bharat Ekta Grih Nirman Sahyog Samiti, Bokaro.

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.......... Respondents.

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CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR

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----For the Petitioner : Mr. Manoj Tandon, Advocate For the State : Mr. Rahul Saboo, Advocate -----

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Order No.02 Date: 11.01.2022

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This case is taken up through video conferencing.

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The present writ petition has been filed for quashing the order as contained in memo no.531 dated 3^rd December, 2021 (Annexure-9 to the writ petition) passed by the Assistant Registrar-cum-Conducting Officer, Cooperative Societies, Chas Circle, Bokaro- respondent no.4, whereby the said respondent has notified the election of Bharat Ekta Grih Nirman Sahyog Samiti Limited, Bandhgoda, Chas to be held on 12^th January, 2022. Further prayer has been made for quashing the order as contained in memo no.145 dated 12^th February, 2021 (Annexure-4 to the writ petition) passed by the District Cooperative Officer, Bokaro- respondent no.3, whereby a decision was taken for constitution of ad- hoc committee of the said cooperative society. The petitioner has also prayed for staying the operation of the order dated 3^rd December, 2021 passed by the respondent no.4 during pendency of the present writ petition.

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Heard learned counsel for the parties and perused the contents of the writ petition.

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Though the respondent no.3 had taken decision for constitution of ad hoc committee of the cooperative society in question on 12^th February, 2021 itself, yet the petitioner did not challenge the same for several months, rather has assailed the said decision along with

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-2-

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the order dated 3^rd December, 2021 passed by the respondent no.4 by which the schedule for conducting the election of members, officers and representatives of the Managing Committee of the said cooperative society has been notified/fixed. Further perusal of the writ petition in its entirety reveals that the petitioner has objection against induction of several members in the said cooperative society by the Ex. Secretary, namely, Bhavesh Kumar Yadav and as such he apprehends that election, which will be conducted in pursuance of the impugned order dated 3^rd December, 2021, may not be fair. So far as the said aspect of the matter is concerned, the same touches the business/functioning of the cooperative society and the said dispute can be raised by the petitioner before the Registrar, Cooperative Societies, Jharkhand, Ranchi- respondent no.2 under Section 48 of the Bihar (now Jharkhand) Cooperative Societies Act, 1935, as amended in 2011.

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Hence, without entering into merit of the contention of the petitioner, the writ petition is disposed of giving liberty to him to represent the respondent no.2 on the present issue. On receipt of the said representation, the respondent no.2, after holding an enquiry and on providing due opportunity of hearing to the concerned parties, shall take an appropriate informed decision within two months from the date of filing of the representation.

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Though there shall be no stay on the fresh election of the said cooperative society to be conducted in pursuance of the impugned order dated 3^rd December, 2021 passed by the respondent no.4, yet the outcome of the said election shall be subject to the final decision as may be taken by the respondent no.2.

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(Rajesh Shankar, J.)

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Sanjay/

Deo Nath Singh v. the State of Jharkhand through Secretary Agriculture Animal Husbandry and Cooperative Deptt

Case brief

What is this about?

What did the court decide?

Deo Nath Singh v. the State of Jharkhand through Secretary Agriculture Animal Husbandry and Cooperative Deptt

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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