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Patna High CourtCWJC/4779/2016dismissed

Ashok Kumar Singh v. The State Of Bihar And ORS

2016-03-30Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4779 of 2016 ======================================================

1. Ashok Kumar Singh son of Late Bal Govind Singh, resident of VillageSadanandpur, P.S.- Balia, Distt- Begusarai, Ex- Secretary Sadanandpur Dugdh Utpadak Sahyog Samiti Ltd.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Cooperative Govt. of Bihar, New Secretariat, Patna.

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

3. The District Magistrate-cum-Collector, Begusarai.

4. The District Co-operative Officer, Begusarai.

5. The Managing Director, Barauni Diary, Barauni, Distt- Begusarai.

6. Akhilesh Kumar son of Late Suresh Prasad Singh, resident of VillageSadanandpur, P.S.- Balia, Distt- Begusarai, So called Secretary Sadanandpur Dugdh Utpadak Sahyog Samiti Ltd.

7. Kameshwar Prasad Singh son of Ramudgar Prasad Singh, resident of Village- Sadanandpur, P.S.- Balia, Distt- Begusarai, President-cumManaging Executive Member, Sadanandpur Dugdh Utpadak Sahyog Samiti Ltd.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Nibas Prasad, Adv. For the Respondent/s : Mr. Manish Kumar- GP 8 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 30-03-2016 Heard learned counsel for the parties.

The petitioner having been elected as a Secretary has been removed by the Managing Committee from the post of Secretary and the challenge before the Statutory authority has ended in a dismissal.

The grievance raised by the petitioner before the Registrar, Cooperative Societies stands adjudicated and the Registrar taking notice of the statutory provisions underlying Section 44AV of the

Patna High Court CWJC No.4779 of 2016 (3) dt.30-03-2016 2/2 Bihar Cooperative Societies Act, the bye-laws of the society as well as the appellate remedy so provided therein, has not found merit in the issue raised by the petitioner inasmuch as the discretion of electing or removing the Secretary lies entirely within the domain of the Managing Committee. No cause for indulgence is made out.

The writ petition is dismissed.

Bibhash/- (Jyoti Saran, J) U