Disposed

Rajju Sahni v. The State Of Bihar and Ors.

Patna HC19 Aug 2016CWJC/11147/2016

Case brief

AI extract

What is this about?

This court declined to decide the jurisdiction of the Hon'ble Minister to entertain an appeal in a cooperative society dispute where only an interim order was passed. It directed the petitioner to raise jurisdictional objections before the Minister himself.

What did the court decide?

Directed that the interim order passed by the Hon'ble Minister shall cease to operate until the petitioner's objection regarding the maintainability of the proceeding before the Minister is disposed o

Rajju Sahni Vs The State Of Bihar and Ors. — Company and Corporate | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.11147 of 2016 ===========================================================
Rajju Sahni, son of Pachkauri Sahni, resident of village Tenwarda, Police Station Katara, District-Muzaffarpur.
.... .... Petitioner/s Versus
1. The State of Bihar
2. The Hon’ble Minister, Co-operative Department, Government of Bihar, Patna. 3. The Registrar, Co-operative Societies, Bihar, Patna.
4. The Joint Registrar, Co-operative Societies, Tirhut Division, Muzaffarpur. 5. The District Co-operative Officer, Muzaffarpur.
6. Sanjay Sahani, S/o Satrughan Sahani, R/o Village Dargah, P.S. Katra, District Muzaffarpur.
7. Dipendra Sahani, S/o Parikshan Sahani, R/o Village Katara, Police Station Katara, District Muzaffarpur.
8. Singheshwar Sahani S/o Monor Sni, R/o Village Ufarani, P.S. Katara, District Muzaffarpur.
9. Mohan Sahani, S/o Late Ramnandan Sahani R/o Village Nawada, P.S. Katara, District-Muzaffarpur.
10. Sagar Sahani, S/o Late Manchil Sahani, R/o Village Katara, P.S. Katara, District Muzaffarpur
11. Bhushan Sahani S/o Late Sukhanandan Sahani, R/o Village Tehbara, P.S. Katara, District Muzaffarpur
12. Jitendra Kumar Nishad, S/o Chandeshwar Sahani, R/o Village Katai, P.S. Katara, District Muzaffarpur
13. Chandeshwar Sahani, S/o Late Ramcharan Sahani, R/o Village Lakhanpur, P.S. Katara, District Muzaffarpur.
14. Rubia Devi, W/o Kripal Sahani, R/o Village Sanhauli, P.S. Katara, District Muzaffarpur.
15. Pinki Devi, W/o Subodh Sahani, R/o Village Dargah, P.S. Katara, District Muzaffarpur.
16. Dinesh Sahani S/o Rambali Sahani, R/o Village Sohijan, P.S. Katara, District Muzaffarpur.
17. Ramkishun Sahani, S/o Dhandhari Sahani, R/o Village Lakhanpur, P.S. Katara, District Muzaffarpur
18. Katara Prakhand Matashyajivi Sahyog Saamiti Limited, Katara, District Muzaffarpur, through the Minister and Cashier.
19. Subansh Sahani S/o late Ramsharan Sahani, R/o Village Borha, P.S. Katara, District Muzaffarpur.
20. Bhogendra Sahani, S/o Jageshwar Sahani, R/o Village Sanhauli, P.S. Katara, District-Muzaffarpur.
21. Ram Binod Sahani, S/o Ram Lakhan Sahani, R/o village Siswara, P.S. Katra, District-Muzaffapur.
22. Ramprit Sahani S/o Khomari Sahani R/o Village Shivdaspur, P.S. Katara, District Muzaffarpur.
23. Dinesh Sahani, S/o Babuji Sahani, R/o village Bhorha, P.S. Katara, District Muzaffarpur
24. Bharat Sahani, S/o Shiv Sahani, R/o Village Lakhanpur, P.S. Katara, District Muzaffarpur.

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Patna High Court CWJC No.11147 of 2016 dt.19-08-2016

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.... .... Respondent/s

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=========================================================== Appearance : For the Petitioner/s : Mr. Mahasweta Chatterjee For the Respondent/s : SMT.NIVEDITA NIRVIKAR, Mr. GA-10

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=========================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL JUDGMENT Date: 19-08-2016

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Heard the counsel for the petitioner and the State.

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Aggrieved by the order dated 10.05.2016/24.06.2016 passed by the Hon’ble Minister, Co-operative Department, Govt. of Bihar, Patna, in Misc. Appeal Case No. 09 of 2015 (Annexure-7), the present writ application has been filed by the petitioner who is stated to be the officiating Secretary of the Katara Prakhand Matshyajivi Sahyog Samiti. The election of the Society was conducted in 2012 whereafter a Managing Committee was constituted. On 21.07.2012, the Managing Committee, by a resolution suspended the elected Chairman as well as the elected Secretary from the primary membership of the Society. The said resolution of the Managing Committee got approval in the Aam Sabha of the Sociality on 22.07.2010. Be it noted along with the Chairman and the Secretary four other members were also removed. Respondent no.19 (elected Chairman) and respondent no.20 (elected Secretary) filed a dispute before the learned Registrar, Cooperative Societies, Bihar, Patna which gave rise to Misc. Case No. 155 of 2014 on his file. Respondent no.21 in his own turn filed Revision Case No. 19 of 2014 before the Registrar under section 56 of the Bihar Cooperative Societies Act (for short ‘the Act’). It may be noted that another dispute vide Misc. Case No. 07 of 2014 was lodged before the Joint Registrar by respondent no.21 who was removed from the primary membership of the Society. The Joint Registrar, by order dated 03.12.2014, rejected the

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Patna High Court CWJC No.11147 of 2016 dt.19-08-2016

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application of respondent no.21 against which he preferred Revision Case No. 98 of 2015. In the meantime, it appears other disputes concerning the Cooperative Societies including the case preferred by the petitioner vide Misc. Case No. 284 of 2015 were considered and disposed of by a common order dated 16.10.2015/30.10.2015. The learned Registrar in the said order directed for convening the annual general meeting of Aam Sabha of the Society.

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It is stated that aggrieved by the said order, few aggrieved persons filed a writ petition before this Court which is pending consideration. In the meanwhile, respondent no.6 filed an appeal before the Hon’ble Minister wherein the impugned order dated 10.05.2016/24.06.2016 (Annexure-7) has been passed.

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Indisputably, the petitioner is a party to the said proceeding. He has to appear and contest the said proceeding. By the order impugned the Hon’ble Minister has passed an interim order with respect to the order of the learned Registrar and has directed the matter to be considered on the next date fixed therein.

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It has been submitted by the counsel for the petitioner that the Hon’ble Minister has no jurisdiction to entertain an appeal passed in the order. In this connection, she has relied on various provisions of the Act including section 41(6) & 48(9) as also section 56 of the Act. It is submitted that the government has the jurisdiction to entertain and pass an order only in a case where the dispute pertains to the dissolution of the Managing Committee under section 41(1) and 41(2) of the Act. In this background, the Hon’ble Minister ought to have restrained his hands as at least two writ petitions challenging the correctness of the order of the learned Registrar (Annexure-6) are pending before this Court.

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Patna High Court CWJC No.11147 of 2016 dt.19-08-2016

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The counsel for the State, in contra, has urged that the matter pertaining to the jurisdiction of the authority can always be raised for consideration before the same authority. The petitioner is party to the proceeding inasmuch as the impugned order (Annexure-7) has been conveyed to him. If the petitioner has any grievance with respect to the said order or if he challenges the jurisdiction of the authority , the matter can be agitated before the same authority, particularly when the final decision/order has not been taken/passed by the Hon’ble Minister.

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Having heard the parties and on perusal of materials on record, it does appear to the Court that one of the respondents aggrieved by the order of the Registrar invoked the jurisdiction of the Hon’ble Minister which was entertained and an interim order is passed. Diverse submissions with regard to the jurisdiction of the Hon’ble Minister to entertain such application and pass order therein have been advanced by the counsel for the petitioner. As the matter is still pending before the Hon’ble Minister in which only an interim order has been passed and the case is fixed to be considered on a later date, this Court, for the present, would not dwell upon the submissions/counter submissions of the parties pertaining to the jurisdiction of the Hon’ble Minister. The petitioner should appear in the said proceeding and raise a dispute of jurisdiction of the Hon’ble Minister to entertain such dispute and pass any order after looking to the provisions of the Act which have been referred to by the petitioner. This Court, however, would direct that in case the petitioner appears and files his objection regarding the maintainability of the proceeding before the Hon’ble Minister, the same shall be considered/examined and disposed of by the authority in accordance with law. The said order passed by the Hon’ble Minister vide annxure-7 shall

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Patna High Court CWJC No.11147 of 2016 dt.19-08-2016

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thereafter cease to operate until such objection to the maintainability filed by the petitioner is disposed of by the Hon’ble Minister in accordance with law.

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(Kishore Kumar Mandal, J)

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HR/-
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Rajju Sahni v. The State Of Bihar and Ors.

Case brief

What is this about?

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Rajju Sahni v. The State Of Bihar and Ors.

Case brief

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