Ex-Chairman of Biscomaun Sunil Singh bounced back as Chairman of Dumari Bujurg Primary Agriculture Credit Co-operative Society after winning a fierce legal battle against the State government of Bihar.
The Joint Registrar, Co-operative Societies, Saran at Chapra has held the election of the office bearers and the members of the managing committee of the Dumari Bujurg Primary Agriculture Credit Co-operative Society, Sonepur Block, District-Saran as also the election of the chairman of the said society as illegal and has set aside the same in April.
Mr Y V Giri, Counsel for the petitioners raised the issue of jurisdiction of Joint Registrar in the matter and sought interim relief from the Patna High court.
Basing his arguments on the Bihar State Election Authority Act, 2008, Giri said that Act provides that no election to a post of a body would be called in question except by way of an election petition and shall be filed before an authority under an Act regulating such body and in absence thereof before a Munsif in whose jurisdiction such institution or establishment or organization or body is situated.
High Court observed that in the light of Giri’s argument the order passed by the Joint Registrar, Cooperative Societies, Saran Division, is wholly without jurisdiction.
In the order the court said “Court on a writ petition filed by the members of the managing committee of the Dumari Bujurg Primary Agriculture Credit Agriculture Society questioning the very same order which is put to challenge in the present proceedings.
It is submitted that a bench of this Court while considering the statutory provisions and having regard to the circumstances governing the issue, by order dated 18.05.2012 passed in C.W.J.C. No. 9051 of 2012 (Annexure-12), while issuing notice to the private respondents has been pleased to stay the operation of the order”.
