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1982 Supreme(Pat) 28

P.S.SAHAY, K.B.N.SINGH
Nawal Kishore Prasad Sinha And Etc. – Appellant
Versus
State Of Bihar – Respondent


Judgment

P.S.SAHAY, J.

1. Both these applications have been heard together and will be governed by this common judgment. In these applications prayer has been made to quash the order of the Registrar, Co-operative Societies who, in exercise of powers conferred under S.14(2) of the Bihar and Orissa Co-operative Societies Act. 1935 (hereinafter referred to as the Act), has held that in view of stay order the term of the Board of Directors of the Bank has come to an end and the Board stand superseded with effect from 1-1-1981. In the meantime special officers were appointed for four months to look after the affairs of the Society and election was to be held on or before 30-4-1981. The aforesaid order is Annexure 1 in C.W.J.C. 320 of 1981 and Annexure-8 in the other writ application.

2. In order to appreciate the points it will be necessary to state some facts which is mentioned from C.W.J.C. 417 of 1981 which has been filed by the Secretary, Board of Directors and Patliputra Central Co-operative Bank Ltd. (hereinafter referred to as the Bank). C.W.J.C. 320 of 1981 has been filed by one of the Directors of Bank. The last annual general meeting of the Bank was held on 28-9-1977 and Direc





















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