Bineeta Devi And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10646 of 2016 ======================================================

1. Bineeta Devi, w/o Sri Anugrah Narayan Singh, resident of village- Saidulli, P.O- Maifarida, P.S- Rahuli, Dist- Nalanda.

2. Ram Pyare Prasad Yadav, s/o Bhoj Raj Yadav, resident of village- Saidulli, P.O- Maifarida, P.S- Rahuli, Dist- Nalanda.

... ... Petitioner/s

Versus

The State Of Bihar & Ors ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amaresh Kumar, Advocate.

For the Respondent/s :

Mr. Arvind Kumar No. 1- SC13 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 09-10-2018 The writ petitioners have challenged the constitution of the Managing Committee of Maifarida Panchayat Primary Agriculture Credit Co-operative Society Ltd. (for short 'PACCS') on the ground of resignation having been submitted by its majority members. The general election of the Maifarida PACCS was held in October 2014 in which ten members including Chairman were elected. After constitution of the Managing Committee, the first meeting was held on 26.10.2014 and in the said meeting the members had participated. The kind of dispute raised by the petitioners can first be adjudicated by the Registrar, Co-operative Societies under Section 48 of the Bihar Co-operative Societies Act, 1935. It has been brought to my notice that the petitioners have already approached the Court of Registrar, Co-operative Societies, Bihar

Patna High Court CWJC No.10646 of 2016(2) dt.09-10-2018 2/2 in this regard vide Election Dispute Case No. 65 of 2015. In view of the availability of equally efficacious alternative statutory remedy, which has already been availed of by the petitioners, I am not inclined to entertain the present writ petition. Accordingly, it is dismissed.

(Ashwani Kumar Singh, J) pradeep/-sneha U