Arti Kumari v. The State Of Bihar Through Sri Amir Subhani
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.364 of 2022 In Civil Writ Jurisdiction Case No.14267 of 2014 ====================================================== Arti Kumari Wife of Mukesh Kumar, resident of Village - Madaripur, P.O. - Sidhiphur, P.S. - Khirimore, Block - Paliganj, District - Patna, presently Acting Chairman, Mera Patauna Primary Agriculture Credit Cooperative Societies Ltd., P.O. Sidhiphur, P.S. Khirimore, Block - Paliganj, DistrictPatna. ... ... Petitioner/s
Versus
1.
The State of Bihar through Sri Amir Subhani son of not known to the petitioner presently posted as the Chief Secretary, Government of Bihar, Patna.
2.
Smt. Vandana Preysi, wife of not known to the petitioner Presently posted as the Secretary, Cooperative Department, Government of Bihar, Patna. 3.
Sri Santosh Kumar Jha, son of not known to the petitioner, Presently posted as the District Cooperative Officer, Patna, District - Patna. 4.
Sri Girish Shankar, son of not known to the petitioner, Presently posted as the Chief Election Officer, State Election Authority, Harding Road, Patna. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Awnish Kumar, Advocate For the Opposite Party/s :
Mr.Amit Prakash (GA 13) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 29-03-2024 For non- compliance of the orders of this court dated 30.11.2021 passed in CWJC No.14267/2014. We have passed various directions / orders for compliance. Show cause on behalf of the Opposite Party No. 3 has been filed alongwith certain documents. The same is taken on record. It is necessary to
Patna High Court MJC No.364 of 2022 dt.29-03-2024 2/3 reproduce para 8 of the supplementary show cause of Opposite Party No.3 dated 29.03.2024 and it reads as under:- "That it is important to apprise the Hon'ble Court that in compliance of the direction issued by the Cooperative Department with regard to nullifying the membership granted in terms of Rule 7 (4) of the Bihar Cooperative Societies Rules, 1959 by providing opportunity of hearing to the parties concerned, the present position in this regard is that till 28.03.2024 nearly 83017 persons have been granted membership under said Rule and notices to 22739 has been issued. The said total number is likely to exceed more. Many notices are being returned unreceived.
Thus, the deponent humbly prays to this Hon'le Court to grant some more time to comply the order fully and also in true spirit. Further it is also humbly submitted that due to model Code of Conduct enforced by the Election Commission of India, has somehow also restricted the pace of nullifying the membership of such persons who have been granted membership under Rule 7 (4)."
Taking note of aforementioned efforts, we appreciate insofar as implementation of the order of this court however, still partial compliance is warranted. Having regard to the large number of persons are involved for compliance of the orders of this court. The concerned authority is hereby directed to take out notice through newspaper who are all unserved and complete the proceedings within a period of four months from today.
2. With the above observation, the present MJC contempt petition stands dropped, reserving liberty to the
Patna High Court MJC No.364 of 2022 dt.29-03-2024 3/3 petitioner to file Interlocutory Application to revive this order in the event of non-compliance after four months. (P. B. Bajanthri, J) ( Alok Kumar Pandey, J) Amitkumar/ Shahzad AFR/NAFR NAFR CAV DATE N/A Uploading Date 03.04.2024 Transmission Date N/A