Sanjay Kumar Yadav Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6356 of 2026

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Sanjay Kumar Yadav Son of Devendra Prasad Yadav, Resident of Ward No. 10, Village- Sonaul Khan, Garwaha, Police Station- Suppi, District- Sitamarhi (Bihar).

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... ... Petitioner/s

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Versus

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The State of Bihar through Secretary, Co-operative Department, Government of Bihar, New Secretariat, Patna.

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The Registrar, Co-operative Societies, Bihar, Patna.

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The Joint Registrar (Marketing), Co-operative Societies, Bihar, Patna.

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The Joint Registrar, Co-operative Society, Tirhut Division, Muzaffarpur.

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The District Co-operative Officer, Sitamarhi, Bihar.

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The Chief Election Officer, Bihar State Election Authority, 32, Harding Road, Bihar, Patna.

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The Harpur Pipra Primary Agricultural Credit Co-operative Societies, Sitamarhi through its Administrator.

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The Administrator, Harpur Pipra Primary Agricultural Credit Co-operative Societies, Sitamarhi.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Sanjeet Kumar, Advocate For the State : Mr. Manish Kumar, G.P.4 For the Respondent no.6 : Mr. Mukesh Kumar Thakur, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

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2 22-06-2026 Heard learned counsel for the petitioner and learned

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counsel for the respondents.

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The petitioner has filed the instant application for the following relief(s):

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“(I) For quashing of the order contained in Memo No.234 dated 24.02.2026 issued by the Joint Registrar, Co-operative Societies, Tirhut Division, Muzaffarpur under which the Managing Committee of the Harpur Pipra Primary Agricultural Credit Society

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Patna High Court CWJC No.6356 of 2026(2) dt.22-06-2026 2/4

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Ltd., Block-Suppi has been dissolved under Section 41, 41(5) of the Bihar Co-operative Societies Act, 1935 and for the reconstitution of the Managing Committee, Shri Arnav Kumar, Co-operative Extension Officer, BlockSuppi has been appointed as Administrator of the Society for the next six (6) months or till the election is conducted by the Authority (whichever is earlier) to conduct the day to day affairs of the Society and to get the election conducted by the Bihar State Election Authority, Patna at the earliest.

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It is stated that the aforesaid order has been passed in compliance with the directions given by the Registrar, Co-operative Societies, Bihar, Patna vide Letter No.1901 dated 20.02.2026 and after reviewing the order passed vide Memo No.1333 dated 20.12.2025.

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A photocopy of the Memo No.234 dated 24.02.2026 is annexed herewith and marked as Annexure P/1 which forms the part of the present writ petition.

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(II) For direction(s) upon the Bihar State Election Authority to conduct bye-elections for the 8 (eight) vacant posts only as per Section 14(9) of the Bihar Co-operative Societies Act, 1935.

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(III) For any other relief(s) or consequential relief(s) to which the petitioner may be found entitled to in the facts and circumstances of this case.”

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At the outset, learned counsel appearing for the

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respondents submits that the petitioner has an alternate and

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Patna High Court CWJC No.6356 of 2026(2) dt.22-06-2026 3/4

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efficacious remedy of filing an appeal before the Registrar, Cooperative Societies which as per the statement made in paragraph no.24 of the writ application has already been filed by the petitioner on 2.4.2026 and is pending for adjudication.

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In view of the above, the writ application is disposed of directing the Registrar, Co-operative Societies, Bihar, Patna (respondent no.2) to decide the appeal (Appeal no.56 of 2026) preferred by the petitioner at the earliest in accordance with law preferably within a period of four months from the date of receipt/production of a copy of this order.

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At this stage, learned counsel for the petitioner expresses apprehension that some of the members of the PACS who will be required to be heard for deciding the appeal filed by the petitioner on merits may not appear and in the meantime, the elections may be held.

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It is hereby observed that the petitioner will be at liberty to file an application for stay of further elections with respect to the PACS in question and in case the same is filed, the Registrar, Co-operative Societies, Bihar shall decide the same also taking into consideration the fact as to whether the members of the PACS to whom notices have been issued in the appeal are avoiding service and delaying the disposal of the

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Patna High Court CWJC No.6356 of 2026(2) dt.22-06-2026 4/4

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appeal or not.

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The writ application stands disposed of.

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(Partha Sarthy, J)

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Saurabh/-

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U

Sanjay Kumar Yadav v. The State of Bihar

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Sanjay Kumar Yadav v. The State of Bihar

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