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2017 Supreme(Pat) 28

AJAY KUMAR TRIPATHI, NILU AGRAWAL
Ashok Kumar Singh Son of Suresh Singh – Appellant
Versus
State of Bihar through the Secretary department of Co-operative Government of Bihar – Respondent


Advocates Appeared:
For the Appellant :Mr. Sanjeev Kumar, Advocate, Mr. Priya Ranjan, Advocate, Mr. Amit Kumar, Singh, Advocate
For the Respondent: Mr. Mritunjay Kumar, AC to GP-12

JUDGMENT :

AJAY KUMAR TRIPATHI, J.

1. A batch of writ applications, raising similar questions of law, were clubbed together and heard together by a learned single Judge.

2. The issue related to the status of a Primary Agriculture Credit Cooperative Society and the powers of the Registrar to dissolve the managing committee in exercise of power under Section 41(5) of the Bihar Co-operative Societies Act, 1935. Since Section 41(5) of the Act was the issue before the learned single Judge, the said provision is reproduced for ready reference :

“(5) The Registrar may dissolve the Managing Committee of a registered society in case where –

(a) majority of the members and elected office- bearers of the Managing Committee of a registered society resign from their respective membership of office: or

(b) half the total member of seats of the Managing Committee of a registered society, becomes vacant for any reason whatsoever,

and shall appoint Administrator for the better management of the registered society.

Provided that if during the period of dissolution of the Managing Committee, the Registrar is satisfied that the affairs of a registered society have sufficiently improved and it is desirable to







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