Manoj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17495 of 2024 ====================================================== Manoj Kumar Singh son of Late Bashishth Singh, resident of Maruan, P.S.- Dinara. District- Rohtas, presently serving as Chairman of Akodha PACS, Block- Dinara, District- Rohtas, and also Chairman of PACS Association, Rohtas District.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Co-operative Department, Govt. of Bihar.

2.

The Registrar, Co-operative Department, Govt. of Bihar, Patna. 3.

The Deputy Registrar, Co-operative Department, Govt. of Bihar, Patna. 4.

The Joint Registrar, Co-operative Department, Govt. of Bihar, Patna. 5.

The District Co-operative Officer, Rohtas.

6.

The Block Co-operative Extension Officer, Dinara, Rohtas. 7.

The Assistant Registrar, Co-operative Societies, Bikramganj, DistrictRohtas. 8.

The Assistant Registrar, Co-operative Societies, Sasaram, District- Rohtas. 9.

The Secretary, Bihar State Election Authority, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner Mr. Saroj Kumar For the Respondent/s :

Mr. Gyan Prakash Ojha Government Advocate (7) For S.E.A.

Mr. M.K. Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 20-11-2024 Heard the parties.

2. The main grievance of the petitioner is that the society has rejected the membership application of some persons, but the Appellate Authority i.e. the Assistant Registrar, Co-operative Societies allowed the appeal in utter violation of circulars.

3. On the other hand, learned counsel for State

Patna High Court CWJC No.17495 of 2024(2) dt.20-11-2024 2/2 Election Authority submits that the alternative remedy of revision is available against this order under Section 56 read with Section 48 of the Bihar Co-operative Societies, Act, 1935. He has further submitted that the persons whose appeal have been allowed, are the necessary party but they have not been impleaded. He has also submitted that the Chairman of the PACS cannot file a representation in representative capacity.

4. Be that as it may, since the revisional forum is available alternatively, the petitioner may raise his grievance before the Revisional Authority.

5. With the aforesaid observations, this writ petition stands disposed of.

(Nawneet Kumar Pandey, J) Nirmal/AKV U