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1983 Supreme(SC) 354

A.P.SEN, E.S.VENKATARAMIAH
Chandrika Jha – Appellant
Versus
State Of Bihar – Respondent


Advocates:
K.N.Rai, PRAMOD SVARUP

JUDGMENT

SEN, J.:—The controversy in this appeal by special leave against an order of the Patna High Court dated September 13, 1983 relates to the legality and propriety of the action of the Chief Minister of a State in issuing certain directions, and incidentally the scope and extent of the power of a Minister to interfere with the working of a statutory functionary under his department.

2. The facts are that on the bifurcation of the district of Muzaffarpur and creation of the new districts of Muzaffarpur and Hajipur, a separate Central Co-operative Bank called the Vaishalli District Central Co-operative Bank for the district of Hajipur was registered with its registered bye-laws. Bye-law No. 29 of the said registered bye-laws provides inter alia as follows :

"29. Management : The Management of the Bank shall vest in a Board of Directors which will consist of 17 persons :

xx xx xx xx xx

Provided also that the first Board of Directors of the Bank shall be nominated by the Registrar, Cop-operative Societies, Bihar for a period not exceeding one year at a time and not exceeding three co-operative years in aggregate and that the Registrar, Co-operative Societies may modify the nomination





















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