Patna High Court
Lalo Sahni vs The State Of Bihar on 19 January, 2024
Author: Purnendu Singh
Bench: Purnendu Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3889 of 2023
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1. Lalo Sahni, Son of Late Anoop Lal Sahni Resident of Village-Singhiya
Bujurg North, P.O.-Singhiya Ghat, District-Samastipur, Elected Secretary.
2. Bibhutipur Prakhand Matasyajivi Sahyog Samiti Ltd., Bibhutipur through its
elected Secretary Lalo Sahni.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Co-operative Department,
Bihar, Patna.
2. The Registrar, Co-operative Societies, Bihar, Patna.
3. The Joint Registrar, Co-operative Societies, Darbhanga Division,
Darbhanga, District-Darbhanga.
4. The District Co-operative Officer, Samastipur.
5. The Block Development Officer, Bibhutipur, District-Samastipur.
6. The Asst. Registrar, Co-operative Societies, Rosera Circle, District-
Samastipur.
7. The Co-operative Extension Officer, Block-Bibhutipur, District-Samastipur.
8. Ranjeet Kuamr Sahni Son of Ram Narayan Sahni Resident of Village and
P.O.-Belsandi, Ward No.7, District-Samastipur.
9. Mantun Sahni Son of Chhannu Sahni Resident of Village and P.O.-Belsandi
Dih, Ward No.9, District-Samastipur.
10. Sanjeet Kumar Son of Late Ram Bahadur Sahni Resident of Village and
P.O.-Chakhabib, Ward No.9, District-Samastipur.
11. Kuldeep Sahni Son of Ram Kripal Sahni Resident of Village and P.O.-
Belsandi Dih, Ward No.7, District-Samastipur.
12. kameshwar Sahni Son of Sita Ram Sahni Resident of Village and P.O.-
Belsandi Dih, Ward No.7, District-Samastipur.
13. Tinku Sahni Son of Garib Sahni Resident of Village and P.O.-Belsandi Dih,
Ward No.9, District-Samastipur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Deepak Kumar, Advocate.
For the State : Mr.Sushil Kumar, GP-22.
Mr. Uday Prasad, AC to GP-22.
For respondent no.8 : Mr. Rakesh Kumar Jha, Advocate.
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 19-01-2024
Heard Mr. Deepak Kumar, learned counsel
Patna High Court CWJC No.3889 of 2023 dt.19-01-2024
2/3
appearing on behalf of the petitioner; Mr. Sushil Kumar, learned
GP-22 along with Mr. Uday Prasad, learned AC to GP-22 for
the State and Mr. Rakesh Kumar Jha, learned counsel for the
respondent no.8.
2. The petitioner has filed the writ petition for the
following reliefs:
"That this application is for quashing the order
passed by the respondent no.3, Joint Registrar, Co-operative
Societies, Darbhanga Division, Darbhanga in transferred
membership Appeal Case No.2/2022 on
14.12.2022/11
.01.2023 issued vide memo No.7 dated
11.01.2023 contained in Annexure-1, where respondent
No.2 has transferred the membership appeal case No.17/22
which was filed by the Six appellants (respondent nos. 8 to
13 of the writ petition) under Rule-7 of the Bihar Co-
operative Societies Rules, 1959 such transferred Appeal is
against the provision of law and out of only six appellants
(Respondent No.8 to 13 of this writ application), respondent
no.3 has stated in his order vide Annexure-1 that 269
persons are liable to make members under the provision of
Rule - 7(e) of the Bihar Co-operative Societies Rules, 1959
after ignoring the aspect of the petitioner society which is
also against the provision of law and further directed the
petitioner no.1 to sent all 269 applications to respondent
no.4 and respondent no.4 will check and review the
membership eligibility of all applicants and also directed
that, the eligible persons will deposit the admission fee and
share money without making them parties, such order
contained in Annexure-1 is itself contradictory, vague,
malafide, against the provision of law and the same is fit to
be set aside."
3. Learned counsel appearing on behalf of the
petitioner submits that in terms of the provision of Rule 7 (e) of
the Bihar Co-operative Societies Rules, 1959, there is provision
of deemed membership when any person has applied for
membership. Learned counsel submits that he has no instruction
Patna High Court CWJC No.3889 of 2023 dt.19-01-2024
in spite of the fact that today this Court had directed him to seek
instruction from the petitioner who is the Secretary of
Bibhutipur Prakhand Matasyajivi Sahyog Samiti Limited
whether decision taken by him refusing to get the members
registered was the decision of the Society. In alternative, he
submits that the matter be referred to the Society to reconsider
the membership of all the persons who applied for the
membership of the society with rectified form. The Society may
provide opportunity to rectify and correct any discrepancy in the
membership form already submitted.
4. Considering the aforesaid submission made on
behalf of the petitioner, the Society concerned is directed to take
corrective measures to accept the membership form of the
persons who approaches the Society.
5. With the above observation, the writ petition
stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
AFR/NAFR N.A.F.R.
CAV DATE N.A.
Uploading Date 19.01.2024
Transmission Date N.A.
