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HARISH KUMAR
Bihar Cooperative Credit Society Ltd. – Appellant
Versus
State of Bihar Through the Secretary, Department of Cooperative, Government of Bihar, Patna – Respondent
JUDGMENT :
Heard Mr. Amit Srivastava, learned senior counsel duly assisted by Mr. Rakesh Kumar Jha, learned counsel appearing on behalf of the petitioners. The state is represented by Mr. Sushil Kumar, learned GP-22.
2. The petitioner no. 1 is a Co-operative Society registered in accordance with the provisions of the Bihar Self Supporting Co-operatives Societies Act, 1996 (hereinafter referred to as the ‘Act’), whereas the petitioner no. 2 is the elected Chairman of the society, have invoked the prerogative writ jurisdiction of this Court under Article 226 of the Constitution seeking quashing of the order dated 13.01.2023 as contained in Memo No. 37 dated 10.03.2023 (Annexure -10) passed by the Bihar Self Supporting Co-operative Society Tribunal, Patna whereby the Bihar Co-operative Credit Society Limited, Bhagalpur has been ordered to be liquidated and dissolved under the supervision of the Registrar, Co-operative Societies, Bhagalpur Division.
3. The short facts which led to the filing of the present writ petition is that the Bihar Co-operative Credit Society Limited, Bhagalpur was incorporated on 30.05.2011 by the Joint Registrar, Co-operative Societies, Bhagalpur Division in terms
The impugned order must consider the submissions and address the charges against the party, and it should not rely on presumptive grounds. Fair treatment and adherence to constitutional rights are es....
The power of the Registrar to dissolve the Board of a society under Section 78(1) of the Manipur Co-operative Societies Act 1976 includes the authority to remove the Board, and compliance with the pr....
The main legal point established in the judgment is that a petitioner must have a legal right and locus standi to challenge an order under the statutory provisions, and a mere interest in the outcome....
The main legal point established in the judgment is that an order under Section 76B(2) of the Gujarat Co-operative Societies Act, 1961 cannot be passed without first issuing a notice for breach of Se....
Provisions of Section 76(B(2) would stand somewhat on different footing. This Court when is taking a view that action could be initiated under subsection (2) only after passing order of removal, issu....
The classification of a cooperative society as aided or unaided determines the authority responsible for conducting elections under the A.P. Cooperative Societies Act.
The main legal point established in the judgment is the requirement for a petitioner to demonstrate legal injury and violation of personal rights to challenge legislative amendments under Article 226....
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