Madhvendra Kumar Mishra v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24377 of 2013 ======================================================

1. Madhvendra Kumar Mishra Son of Late Shesh Kumar Mishra Resident of Village- Pratappur, P.S.- Chiraiyan, District- East Champaran At Motihari .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of CoOperation, Bihar, Patna

2. The Principal Secretary, Department of Co-Operation, Bihar, Patna

3. The Registrar, Co-Operative Societies, Bihar, Patna

4. The District Co-Operative Officer, East Champaran at Motihari

5. The Assistant Registrar, Co-Operative Societies, Sikrahna, Motihari .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar, Adv. For the Respondent/s : Mr. Devendra Kr Sinha, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 17-09-2015 The petitioner is aggrieved by the order dated 11.11.2013 of the Assistant Registrar, Cooperative Societies, Sikrahana, Motihari whereby directions have been issued to implead 69 persons as Member of the Primary Agriculture Credit Cooperative Societies (hereinafter referred to as 'PACS'), Raghopur in the District of East Champaran.

While the matter remained pending that a final order has been passed by the Assistant Registrar to permit the Chairman of the Raghopur PACS to add the 106 applicants in the membership register. The order is placed at Annexure-20 to the I.A.No.2581 of 2014 and prior thereto is an order dated 22.1.2014 of the Registrar

Patna High Court CWJC No.24377 of 2013 (2) dt.17-09-2015 2/2 Cooperative Societies in Membership Case No. 16 of 2014 placed at Annexure-19 whereunder he has allowed the application of one Umesh Prasad and some others claiming membership to the Raghopur PACS in exercise of powers vested in Rule 7(1)(a)(b)(c) read with Rule 7(4) of the Bihar Cooperative Societies Rules framed under the Bihar Cooperative Societies Act, 1935. Mr. Sanjay Kumar learned counsel for the petitioner submits that the validity of the rules under which the power has been exercised is pending consideration before this Court. He thus submits that the writ petition may be disposed of reserving liberty for the petitioner to raise the issue in case the challenge to the vires of rule 7(4) of the rules is drawn in his favour. The writ petition is disposed of accordingly. (Jyoti Saran, J) Bibhash/- U