stand for election to any post of the Managing Committee. Learned counsel submitted that though prior to any punitive action against the petitioners with regard to any fine being imposed on them, they being suspended or removed from the primary membership of the said Cooperative Society, there had to be adherence to the procedure stipulated in Rule 14 of the Bihar Co-operative Societies Rules, 1959 (hereinafter referred to as the ‘Rules’) read with bye law No. 9 (1) of the Society, the said procedure not being adopted, all subsequent actions against the petitioners have to be declared as null and void and accordingly set aside. It was submitted that Rule 14 (2) of the Rules requires that a member may be removed or expelled from the membership of a registered Society for such cause and in accordance with such procedure as may be prescribed under the bye laws. He further submitted that bye law No. 9 (1) requires that after enquiry into the conduct of the member and after necessary evidence being taken and recording reasons, either fine can be imposed or a member can be suspended or even removed. It was submitted that no show cause was ever served on the petitioners and thus, the subsequent decision of the Managing Committee or even the General Body has no meaning and is inconsequential in the eyes of law for the basic requirements of there being a show cause issued, enquiry held after taking evidence, not having been done, all secondary and
