Responders to a writ petition challenging the voter list and election conduct of the Bihar State Industrial Cooperative Federation Limited. The election was held during pendency of the writ. Court dismissed the writ, directing petitioners to approach the appropriate authority under section 84 of the Act for the dispute.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11709 of 2013 With
I.A. No.4146 of 2013 With I.A. No.5384 of 2013 With
I.A. No.3073 of 2014
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.... .... Petitioner/s
Versus
Patna High Court CWJC No.11709 of 2013 (6) dt.19-12-2014
2
Udyog Bhawan, East Gandhi Maidan, Patna.
.... .... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Navin Prasad Singh Mr. Narayan Singh For the Respondent-State : Mr. S.Raza Ahmad, AAG-9 Mr. Vishwambhar Pd., AC to AAG-9 For Respondent Nos.1 to 3 : Mr. Rajesh Kumar Verma, CGC For the Respondent No.10 : Mr. Raghwanand For the Respondent No.14 : Mr. Anil Kumar Jha, Sr. Adv. with Mr. Rajesh Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 6 19-12-2014 Heard the parties.
Heard the parties.
The petitioners have filed this writ petition seeking appropriate directions to the authorities under the Multi-State Cooperative Societies Act, 2002 (hereinafter referred to as ‘the Act’) more particularly the Central Registrar, Cooperative Societies to conduct the election of Bihar State Industrial Cooperative Federation Limited, Patna in consonance with the statutory requirements and while praying as such the petitioners also question the voter-list of delegates/representatives contained in letter no.12 dated 29.5.2013.
While such prayer of the petitioners remained pending for consideration, the election to the society has already taken place on 1.7.2013, however the result thereof has not been published in view of the interim order passed by this Court on 28.6.2013.
Patna High Court CWJC No.11709 of 2013 (6) dt.19-12-2014
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The petitioners may have their reasons to raise the apprehension against the conduct of the election in question requiring directions to the Central Registrar for adherence to the statutory requirements as detailed in paragraph 1 to the writ petition but in view of the development that has taken place where the election admittedly has already been held and the results await the order of this Court, the circumstances has changed and the apprehension has translated into a dispute as envisaged under section 84 of ‘the Act’ to be adjudicated in the manner prescribed thereunder.
In the circumstances, this Court without entering into the merits of contention raised in the writ petition but taking note of the stage at which the matter rests today, disposes of the writ petition affording liberty to the petitioners to take recourse to the remedy as available to them under section 84(2) (c) of ‘the Act’ and the Rules framed thereunder and since the election has taken place during the pendency of the present proceedings and results are yet to be published hence any such application filed by the petitioners questioning the election of the Board of the Bihar State Industrial Cooperative Federation Limited, Patna within one month from today if accompanied with a petition for delay would be considered and disposed of on its own merits by
Patna High Court CWJC No.11709 of 2013 (6) dt.19-12-2014
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the appropriate authority and after giving opportunity of hearing to the petitioners bearing in mind that the issues remained pending before this Court.
Considering the nature of contest an expeditious disposal of the dispute preferably within a period of six months from the date of receipt/production of a copy of this order would be appreciated.
With the observations aforementioned this writ petition and the interlocutory applications are disposed of.
(Jyoti Saran, J)
SKPathak/-
U
2 issues framed by the court
Whether the appropriate remedy for challenging an election held during pending writ proceedings is under section 84 of the Multi-State Cooperative Societies Act, 2002 rather than the writ petition.
Whether to accord liberty to petitioners to raise a dispute under section 84(2)(c) despite the election having already taken place.
2 provisions across 1 enactments
Pradeep Kumar Jain
Parmanand Singh
The Union of India
The State of Bihar
Bihar State Industrial Cooperative Federation Limited
Jyoti Saran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
