NAVANITI PRASAD SINGH, J.

A Division Bench of two Hon’ble Judges of this Court, presided by Hon’ble the Chief Justice, by order dated 06.08.2013, passed in this letters patent appeal, has referred the matter to this Special Bench consisting of five Hon’ble Judges, doubting the correctness of the Division Bench judgment in the case of Nand Kishore Rai vrs. The State of Bihar & Ors., since reported in 1988 P.L.J.R. 1065 and the Full Bench judgment of three Hon’ble Judges of this Court in the case of Rajendra Prasad Sah vrs. The State of Bihar & Ors., since reported in 2000 (4) P.L.J.R. 273, in respect of the issue whether a private Co-operative Society, duly registered under the provisions of the Bihar Co-operative Societies Act, 1935 (hereinafter referred to as `the Co-operative Act’ for brevity) not being a “State” by itself, within the meaning ascribed to it under Article 12 of the Constitution, would become a “State” if the elected Managing Committee thereof is taken over and replaced by an Administrator appointed by the Registrar, Co-operative Societies, Bihar as a short term arrangement and whether under those circumstances, writ petition is maintainable questioning the or