Patna High Court
Anish Patel vs The State Of Bihar on 18 August, 2025
Author: Anshuman
Bench: Anshuman
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12941 of 2025
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Anish Patel Son of Laxman Singh Resident of Village Baruna, PO Manihari,
PS Bhabua, District Kaimur.
... ... Petitioner/s
Versus
1. The State of Bihar through The Chief Secretary, Govt. of Bihar, Patna.
2. The Additional Chief Secretary, Department of Cooperative, Vikash
Bhawan, New Secretariat, Patna.
3. The Registrar, Co-operative Societies, Bihar, Patna.
4. The District Co-operative Officer, Kaimur at Bhabua.
5. The Block Cooperative Extension Officer, Kaimur at Bhabua.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Sanjay Kumar
For the Respondent/s : Mr.Government Pleader (26)
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 18-08-2025
Heard Learned Counsel for the petitioner and Learned
Counsel for the State.
2. Learned Counsel for the petitioner submits that the
present writ petition has been filed challenging the order
contained in Memo No. 604 dated 26.04.2025 issued by the
District Cooperative Officer, Kaimur at Bhabua, whereby and
whereunder the Managing Committee of the Manihari Primary
Agriculture Credit Society (PACS), Block-Bhabua, has been
superseded without following due process of law and further
prays for issuance of direction to act in terms of the law laid
down in this Hon'ble Court passed in CWJC No. 15746 of 2022
Patna High Court CWJC No.12941 of 2025 dt.18-08-2025
2/5
with a further direction not to proceed with the impugned order.
3. Counsel for the petitioner further submits that the
election to the Managing Committee of the PACS was held on
27.11.2024
and result was declared on 28.11.2024 in accordance
with the notification issued by the Election Authority. He further
submits that by virtue of the said election, 11 persons were
elected as member of the Managing Committee and the
petitioner was elected as a Chairman. He further submits that
the petitioner is a shareholder of the PACS and is entitled to
challenge the impugned order which undermines the democratic
structure of the society.
4. Counsel further submits that after the general
election of the Managing Committee of the PACS, seven elected
members submitted their resignation which resulting into a
serious impediment to the functioning of the PACs, thereby
rendering the society practically non-functional. He further
submits that the Managing Committee is the competent
authority to accept or reject the resignation of its members. But
the aforesaid 7 members did not submit their resignation before
the competent authority and in gross violation of the law laid
down in CWJC No.15746 of 2022.
Patna High Court CWJC No.12941 of 2025 dt.18-08-2025
5. Counsel further submits that the report has been
called for on the basis of the Cooperative Extention Officer,
who has neither conducted the enquiry at the level of Managing
Committee nor did he provide any opportunity of hearing to
either the so-called resigned members or the remaining
members including the Chairman. A report was submitted to the
District Cooperative Officer and on the basis of ex-parte report,
the elected members have been superseded and administrator
has been appointed.
6. Counsel further submits that it is a unique position
where the elected members of the body have been stopped from
conducting the democratic process and therefore, he seeks
interference of this Hon'ble Court.
7. Counsel fairly submits at the time of argument that
under section 56 of the Bihar Cooperative Societies Act, 1935,
(hereinafter referred as 'the Act of 1935') the power of revision
has been available to the Registrar, but since matter was so
urgent that he has moved directly before this Hon'ble Court.
8. Counsel for the State submits that there is a time
prescribed for 6 months challenging the order before the
revision under the revisional power and the Registrar shall have
no power to revise any order against which appeal has been
Patna High Court CWJC No.12941 of 2025 dt.18-08-2025
provided under the provision of this Act.
9. After hearing the parties, it transpires to this Court
that under section 41(5) of the Act of 1935, empowers the
Registrar to dissolve the Managing Committee of a registered
society. In case, where majority of the members and elected
office-bearers of the Managing Committee of a registered
society resign from their respective membership or office and
shall appoint Administrator for the better management of the
registered society.
10. But it transpires that the decision taken under
section 41(5) of the Act of 1935, is not appealable rather
appealable order is under section 41(1) and 41(2) of the Act of
1935. In this view of the matter, the order of appointing the
Administrator is revisionable order in opinion of the Court. As
such, the present writ petition is hereby disposed off, granting
liberty to the petitioner to file a revision case before the
Registrar under section 56 of the Act of 1935 within 30 days
from today and the Registrar after hearing all the parties, shall
take a decision within 3 months.
11. In the meantime, the order impugned i.e.,
contained in Memo No.604 dated 26.04.2025 shall be kept in
abeyance.
Patna High Court CWJC No.12941 of 2025 dt.18-08-2025
12. With the aforesaid directions and observations, the
present writ application stands allowed.
(Dr. Anshuman, J.)
Prakashmani/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 20.08.2025
Transmission Date N/A
