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1988 Supreme(Pat) 65

PHANI BHUSHAN PRASAD, S.SHAMSUL HASAN
Vijay Kumar Mishra And Brij Bihar Kuwar – Appellant
Versus
State Of Bihar – Respondent


Judgment

S.Shamsul Hasan, J.

1. These two applications under Articles 226 and 227 of the Constitution of India, though of different huge, have their colour now mixed on the forensic canvass because to some extent one affects the other. Both these applications arise out of governmental action in the working of the Bihar State Housing Co-operative Federation Limited (hereinafter referred to as the Federation) of which petitioner in C.W.J.C. No. 5614 of 1986 is the Chairman and petitioners in C.W.J.C. No. 461 of 1986 are the members. This Federation is a society within the meaning of Sec.2(b) of the Bihar and Orissa Co-operative Societies Act, 1935 (hereinafter referred to as the Act) and in common co-operative parlance is known as an apex society and in an affiliating society within the meaning of Rule 2(ii) of the Bihar Co-operative Societies Rules, 1959 (hereinafter referred to as the Rules) having some societies as its members which come within the definition of Sec.2(ggg) of the Act and are primary societies. According to Clause 30 of the Bye laws of the Federation, each affiliated or primary society is represented by a single nominee of the society known as delegate which constit






























































































































































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