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2022 Supreme(Pat) 316

CHAKRADHARI SHARAN SINGH, MADHURESH PRASAD
Tara @ Tara Devi – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioner: Mr Sanjay Kumar.
For the Respondent: Mr Uday Shankar Saran Singh.

Chakradhari Sharan Singh, J.:–Heard learned counsel for the petitioner and the respondents.

2. The District Cooperative Officer, Gopalganj, in exercise of power under Section 41 (iv) of the Bihar Cooperative Societies Act (hereinafter referred to as the Act), 1935, has dissolved Rampur Tengrahi Primary Agriculture Credit Society (for brevity, PACS) under Gopalganj Sadar Block in the district of Gopalganj by order dated 16.08.2021 issued under Memo No 932 on the ground of there being stalemate in the constitution/functioning of the Board of the said PACS. After having dissolved the Executive Committee of the said PACS, an Administrator has been appointed in exercise of power under Section 14 (10) of the Act by an order of the same date, i e, 16.08.2021, issued under Memo No 933.

3. The said orders are under challenge in the present writ application, filed under Article 226 of the Constitution of India.

4. Learned counsel appearing on behalf of the petitioner has attempted to persuade this Court that the District Cooperative Officer, Gopalganj had accepted resignation of some of the Members of the Executive Committee though it was not permissible for him to do so.

5. We are not inclined,

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