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1994 Supreme(Pat) 389

S.N.JHA, SUDHANSU JYOTI MUKHOPADHAYA
Nagendra Singh – Appellant
Versus
State Of Bihar – Respondent


Judgment

S. N. Jha, J.

1. The petitioner has challenged the order of the Sub-divisional Officer, Sikrahna, the authorised to conduct election in respect of primary co-operative societies under Rule 21-B (3) of the Bihar Co-operative societies Rules, 1959 to hold election within his jurisdiction, dated October 3, 1994, staying the election process in respect of Inarwa Phulwar PACS.

2. The said Society is said to be in supersession since. On September 30, 1994, the Sub-divisional Officer issued an order directing the election officer to take steps for holding election of the members and office-bearers of the managing committee of the society. The date of election, accordingly, was fixed on October 30, 1994. However, only three days after issue of the said order i. e. on October 3, 1994 the Sub-divisional Officer passed the impugned order staying the whole election process till further orders.

3. The matter came up for preliminary hearing on November 28, 1994. We gave a weeks time to the learned counsel for the state to find out the reasons for staying the election process. Counsel states that despite communication of the order on wireless, he has not received instructions as yet.

4. I


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