JUDGMENT :

1. Heard learned counsel for the petitioners and learned A.C. to S.C. 26 for the State.

2. The present writ application has been filed seeking quashing of the order dated 20.09.2016 passed in Election Dispute Case No. 56 of 2016 by the Registrar, Co-operative Societies whereby notices were issued upon the petitioners to appear and contest the case and also the Joint Registrar, Co-operative Societies was directed to hold an inquiry with respect to the charges leveled in Case No. 56 of 2016 filed by the respondent no.4.

3. The Court, initially, was not inclined to entertain the writ petition as no order adjudicating any lis was under challenge rather the notices issued to the petitioners and the direction upon the Joint Registrar, Co-operative Societies to hold an inquiry was only under challenge, but when the matter was taken up, the learned counsel for the petitioners submitted that after notice was issued on 20.09.2016, the Registrar, Co-operative Societies (Respondent No.2) passed final order dated 13.07.2017, whereby he rejected the contention of the petitioners that the issues raised in Case No. 56 of 2016 by the respondent no.4 is barred by res judicata and directed the Joint Registrar, Co-operative Societies to submit a report within two months with regard to the allegations alleged against the petitioners Cooperative Societies and based on the report to take action in accordance with law. It is next submitted that the order dated 13.07.2017 has been challenged by filing I.A. No. 8257 of 2017, thus prayed to allow the I.A. No. 8257 of 2017. The I.A. No. 8257 of 2017 is allowed.

4. The learned counsel for the petitioners assails the order dated 13.07.2017 passed by the respondent no.2 on the ground that the same is hit by the principles of constructive resjudicata. In order to buttress his arguments, the learned counsel draws the attention of the Court to the facts of the case for persuading the Court that the order dated 13.07.2017 is hit by the principle of constructive res judicata. It is next submitted that the private respondent no.4 had filed Election Dispute Case No. 282 of 2014 before the respondent no.2, wherein a prayer was made for taking appropriate action against the petitioners who fraudulently got elected as Secretary and President of Rajiv Nagar Sahkari Grih Nirman Sahyog Samiti Limited, Patna respectively (hereinafter referred to as “the said Society”) by violating all the necessary statutory provisions of law. It is next submitted that the petitioners herein challenged the initiation of Election Dispute Case No. 282 of 2014 in CWJC No. 13962 of 2015. The CWJC No. 13962 of 2015 was taken up and after hearing the parties was disposed of by order dated 04.09.2015 with liberty to the petitioners to raise all the issues, which have been raised in the writ application before the respondent no.2 in Election Dispute Case No. 282 of 2014, as maintainability of the Election Dispute Case No. 282 of 2014 was also an issue in the writ application.

5. It is further submitted that after the order dated 04.09.2015 was passed by the writ court, the Election Dispute Case No. 282 of 2014 was transferred to the Court of Deputy Registrar, Co-operative Societies where the Election Dispute Case No. 282 of 2014 was renumbered as Election Dispute Case No. 156 of 2014. It is further submitted that Election Dispute Case No. 156 of 2014 was dismissed by order dated 21.09.2015 on the grounds of limitation.

6. The learned counsel submits that though Election Dispute Case No. 156 of 2014 was dismissed on the grounds of limitation, but the private respondent in the said case had also raised the issues with regard to membership, getting audit done by illegal means etc. From the submissions made hereinabove, it is clear that the Election Dispute Case No. 156 of 2014 was not adjudicated on merits rather was dismissed on the ground of limitation in filing the case belatedly challenging the election of the petitioners as Secretary and