S.N.P.Singh, J.

1. The petitioner Bihar State Co-operative Marketing Union Ltd., (hereinafter to be called "the Marketing Union"), ie a society registered under the Bihar and Orissa Co-operative Societies Act. 1935 (hereinafter) referred to as "The Act"). In this writ application under Articles 226 and 227 of the Constitution the petitioner has challenged the validity of the order of the Registrar. Cooperative Societies, Bihar (respondent No. 1). dated the 2nd of February. 1971, passed in Miscellaneous Appeal No. 9 of 1970. A copy of the impugned order has been made Annexure 4 to the writ application.

2. The material facts for the disposal of this application may be stated as follows. Two posts of Accountant in the office of the Marketing Union fell vacant in the vear 1970. The Executive Committee of the Marketing Union recommended to the Board of Directors that one of the posts of Accountant be filled in by promotion from the ministerial staff at the Headquarters. The Board of Directors by the resolution dated the 24th of June. 1970 approved the recommendations of the executive committee and Promoted the cashier Sri H. N. Banker as accountant- Thereafter the Bihar State Co