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SATYAVRAT VERMA
Rajiv Nagar Sahkari Grih Nirman Sahyog Samiti Ltd. – Appellant
Versus
State Of Bihar – Respondent
Headnote: Read headnote
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
Election disputes cannot be entertained prior to election completion as per relevant statutory provisions, invalidating earlier proceedings.
The court established that disputes regarding the election of office-bearers in societies must be resolved through the prescribed statutory mechanisms, and that prior judicial determinations do not p....
The court emphasized the duty of the Court to decide all issues unless there is a bar to the jurisdiction or the suit, as stipulated in Order XIV Rule 2 of the CPC.
The Assistant Registrar lacks jurisdiction to adjudicate on the validity of elections under the Societies Registration Act, 1860, and any disputes must be referred to the prescribed authority under S....
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